Crabtree v. Whiteselle

Citations

• 65 Tex. 111
• 1885 Tex. LEXIS 321

Syllabus

<p>1. Demurrer—Description—Boundaries.—The petition described the land in controversy as eighty-five acres, more or less, out of a certain survey, situated at a certain distance from the town of 0., and being a farm belonging to 0. up to the time of her death, and known as the 0 place. Held:</p> <p>(1) The description of the land could not be attacked on demurrer unless it was manifest that the terms of the petition did not distinguish the land from all other tracts.</p> <p>(2) If a well-defined tract of land was known as the C place, and no difficulty was encountered on the trial in determining the precise limits of the land in controversy, the description on the face of the petition was not insufficient.</p> <p>2. Execution—Return—Sale—Validity.—It does not affect the validity of a sale under an execution that the return on the execution failed to show that the owner was called upon to point out the property, or who pointed it out, or that notice of sale was posted, as required by law. (Howard v. Worth, 5 Tex., 290; Sydnor v. Roberts, 13 Tex., 598.)</p> <p>3. Sale—Holiday—Construction.—Article 1184, Revised Statutes, refers to such process as may be required in the commencement of a suit, and in cases of injunction, attachment and sequestration alone.</p> <p>4. Same—Sunday.—The issuance and service of process on Sunday is, at common law, invalid; the statute declares the common law and, by exception, modifies it. Holidays have only the sanctity attached to them by statute, and all busimay be transacted on them except what is expressly forbidden. (63 Tex., 162.)</p> <p>6. Same—Article 1184, Revised Statutes.—The words “ any civil process,” in article 1184, Revised Statutes, are broad enough to cover executions, but the chapter limits the language to process pertaining to the commencement of suits. No such prohibition is found in the chapter on executions or legal holidays.</p> <p>6. Homestead.—See opinion for facts held insufficient to constitute a tract of land a