P. Pfeiffer & Co. v. Lindsay
Texas Supreme Court
Appeal from Montague. Tried below before the Hon, F E. Finer. The land in question was fifty acres of a survey containing about a third of a league. On November 22, 1884, P. Pfeiffer & Co. sued Mc-Natt & March (a firm composed of L. C. McNatt and J. B. March), and on the same day levied an attachment upon “fifty acres of the J. M. Moss survey.” In March, 1885, a joint and several judgment was obtained against McNatt & March.
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Appeal from Montague. Tried below before the Hon, F E. Finer. The land in question was fifty acres of a survey containing about a third of a league. On November 22, 1884, P. Pfeiffer & Co. sued Mc-Natt & March (a firm composed of L. C. McNatt and J. B. March), and on the same day levied an attachment upon “fifty acres of the J. M. Moss survey.” In March, 1885, a joint and several judgment was obtained against McNatt & March. The attached property was sold by the sheriff and bought by appellants. Appellee claimed title through a deed to the land made by L. C. M cNatt, on November 20, 1884, and…
1Opinion of the Court
Willie, Chief Justice.
The sheriff’s return to the writ of attachment shows a levy upon “fifty acres of the J. M. Moss survey, abstract No. 462 near the town of Burlington, ’ ’ in Montague county. The j udgment foreclosing the attachment lien describes the land as “fifty acres of the J. M. Moss survey, abstract No. 462, situated near the town of Burlington, in Montague county, Texas.” The order of sale issued upon the judgment describes the land in almost the exact language used in the judgment, and with no greater particularity. The sheriff’s deed to the purchaser, at execution sale describes…
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