Donnebaum v. Mary L.

Citations

• 54 Tex. 362
• 1881 Tex. LEXIS 32

Syllabus

<p>1. Deed—Certainty of description.—A constable’s deed described land levied on, and attempted to be conveyed to a purchaser at execution sale, as “ one hundred and fifty acres of land out of the I. E. Austin grant, on the west side of the Brazos river, seven or eight miles above the town of Columbus.” Held—</p> <p>1. The deed was void for uncertainty in the description of the property attempted to be conveyed.</p> <p>2. The purchaser's title at execution sale does not depend on the ’ officer’s deed, but on the regularity of each step (including a levy which describes the land with sufficient certainty), required by law of the officer, prerequisite to a valid sale.</p> <p>2. Fraudulent conveyance.—A husband conveyed all his property to his wife, reserving it all to himself, however, should she separate from him, and to his heirs after his death, if she married again. Held, void as to creditors.</p> <p>8. Notice — Sheriff’s sale.—Such an irregularity, as a failure of the officer to call on the judgment debtor to point out property before levy, will not affect the title of a purchaser not connected with it.</p> <p>4: Fact case.— See case for. facts showing that the judgment of the court was not warranted by the evidence.</p>