Wooters v. Arledge

Citations

• 54 Tex. 395
• 1881 Tex. LEXIS 38

Syllabus

<p>1. Certainty of description—Deed.—Land was described in a levy and sheriff’s deed as “a parcel of land containing one hundred acres, known as the Neill McLean homestead, situate about sixteen miles northwest from the town of Lockhart, and including the dwelling and outhouses and other improvements,” reciting that it was the balance of the homestead tract left unconveyed. The Neill McLean place embraced in fact four hundred acres, none of which had been conveyed. Held—</p> <p>1. The deed from the sheriff was void, no specific land being sufficiently described.</p> <p>2. Distinguished from Wilson v. Smith, 50 Tex., 366.</p> <p>3. There were seventy-five acres of improved land on the tract, 1 and if the transaction had been between individuals, the deed would have conveyed title to that improved land.</p> <p>4. In execution sales the authority of the officer is limited by the law from which it is derived, and land sold by him must be sufficiently designated.</p> <p>5. The sale being of an undesignated part of a larger tract, there being no means of distinguishing the portion sold, the sale was void.</p>