The Texas Reports; Cases Adjudged in the Supreme Court ... Volume 53

The Texas Reports; Cases Adjudged in the Supreme Court ... Volume 53

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1881 edition. Excerpt: W. Scott by Mrs. S. H. Gill, January '9, 1871, said deed filed for record January 18, 1871, and re corded in McLennan county deed book N, pp. 690, 691, January 21, 1871, except so much of said tract, to wit: 177 acres that were deeded to R. F. Scott, of Harrison county, Texas, as shown by deed from W. Scott to said R. F. Scott; and for a more particular description of the land hereby conveyed to said Steinbeck, reference is here made to the two deeds herein mentioned, and also to deed from W. Scott to B. D. Scott, all of which are recorded in the clerk's oflice of McLennan county." In Norris '0. Hunt, 51 Tex., 614, it is said that the true rule deduced from the authorities as to certainty in the description of land is, that it should be so definite and certain upon the face of the instrument itself, or by other writing referred to, that the land can be identified with reasonable certainty. Tested by this rule we think the description in this case-sufiicient. The county in which the land is situated and the name of the tract are given, and three recorded deeds are referred to for more particular certainty. Berry '0. Wright, 1-1 Tex., 270; Early v. Sterrett, 18 Tex., 116; Kingston '21. Pickins, 46 Tex., 99; Ragsdale v. Robinson, 48 Tex., 379; Vilson 4: . Smith, 50 Tex., 365. The other error assigned is, that the court erred in deereeing a foreclosure of the lien on the land mentioned in plaintiff 's petition for the following reasons: First. Because it does not appear that the note sued on was given for the land mentioned in the petition. Second. Because the land mentioned in the petition and the deed offered in evidence to sustain the same is too vague and indefinite, and describes no particular tract of land with more

Product details

  • Paperback | 254 pages
  • 189 x 246 x 13mm | 458g
  • United States
  • English
  • black & white illustrations
  • 1236969162
  • 9781236969163