P. Pfeiffer & Co. v. Lindsay

Citations

• 66 Tex. 123
• 1 S.W. 264
• 1886 Tex. LEXIS 462

Syllabus

<p>1. Execution sale—Description of land sold—Patent ambiguity—The proceedings by virtue of which an execution sale of lands takes place must show with certainty where and what the land is. If they fail to do so, the case is one of patent ambiguity, and the description worthless and void. See opinion for description held insufficient. (Norris v. Hunt, 51 Tex., 609, and other authorities cited.)</p> <p>2. Same—Latent ambiguity—If the terms used in the proceedings to describe the property are sufficient to identify it, but are understood only by persons familiar with the property or with the section of country in which it is situated, parol evidence is admissible to inform the court as to the meaning of the terms used. (Freeman on Ex., sec. 281.)</p> <p>8. Same—Sheriff’s sale—Additional description—The sheriff can convey by his deed only such property as was sold under the execution, and he cannot cure defects in the description of the land by accurately describing it in his deed</p>