Terrell v. Martin

Citations

• 64 Tex. 121

Syllabus

<p>1. Statutes construed — Administrator's deed — Becitals—Presumption.— Construing Paschal’s Digest, art. 1237, and Bevised Statutes, arts. 2091 and 2092, held, that though an administrator’s deed, made under the circumstances specified in those articles, passes to the purchaser all the title that the testator or intestate had in the property described by the deed, yet the recitals of the deed, which refer to the proceedings in administration authorizing its execution, are not prima facie evidence that those proceedings, which alone gave power to convey, occurred.</p> <p>2. Same.— Such a deed is, under the statutes above referred to, only prima facie evidence of the act of sale; time, place, manner of selling, and notice of sale being included in this.</p> <p>—3. Construction of statutes — Tax collector’s deed. — Construing the act of March 20, 1848 (Hart. Dig., art. 3145), which provided that a tax collect- or’s deed, “ when recorded according to law, shall be prima facie evidence that all the requisites of the law have been complied with in making such sale,” held, that such deed was not thereby made evidence of a compliance with the prerequisites to the acquisition and exercise of the power to sell. The statute applied only to the proceedings to be had after the right and power to sell were acquired. Citing Devine v. McCullock, 15 Tex., 491; Kelly v. Medlin, 26 Tex., 56, and other cases.</p> <p>4. Description. — See opinion for a description of property intended to be conveyed by deed, held sufficiently certain.</p> <p>—5. Sheriff’s deed. — A sheriff’s deed made in 1878 was executed by one acting as deputy sheriff. Held, that such deputy was the proper person to acknowledge its execution, and a certificate of acknowledgment by the district clerk that “personally appeared J. M. Henderson, sheriff of Tarrant county, by W. T. Steele, deputy, to me well known, and acknowledged that he executed the foregoing deed for the purposes and consideration and in the capacity