Farris v. Gilbert

Citations

• 50 Tex. 350

Syllabus

<p>1. Probate sale.—It is no valid objection to proceedings in the Probate Court that they consist of an application for an order to sell part oí a land certificate, order to sell land, report of sale of half interest in the certificate, and confirmation of sale. Said proceedings constitute a sale on payment of the purchase-money.</p> <p>2. Evidence.—An application acted upon may be looked to, to explain an order made upon it for sale of property.</p> <p>3. Deed—Description—If from the whole instrument the thing sold can be clearly and certainly identified, a misdescription in some parts of it will not invalidate a deed as a conveyance.</p> <p>4. Bight of part owners of land certificate.—A sale of a part of a land certificate, (as, a half interest,) gives the vendee the right to locate such interest for himself, under the law allowing two surveys to he made upon a certificate.</p> <p>o. Improvements in good faith.—Where defendant evidently knew of the existence of the title under which plaintiff recovered, before taking possession, and such title was evidently good, it is not error to refuse the value of improvements.</p>