W. W. Totten & Co. held a judgment against John A. Cole. Execution was issued on the judgment and some personal property in the possession of Cole was levied on, consisting of an engine, boiler, belting, etc. Appellant, Houston, as trustee in a deed of trust, filed his claim to the property, basing his title on the deed of trust. The description of the property in the deed of trust is as follows: “ One twelve-horsepower engine and boiler, and one No. 10 inspirator and piping and belting.” On the trial of the claimant’s issue the claimant offered the trust deed in evidence and oral testimony to explain it. On objection they were excluded on the ground that the trust deed was void on its face. From verdict and judgment for plaintiff claimant appeals.

Appeared from Circuit Court, Lee county, J. W. Buchanan, Judge.

Brief of Allen & Robins:

* * * The language 0f the trust deed is something like the descriptions that have already been held void by this court, but it is not quite so vague and indefinite; the trust deed in this case describes the property as a No. 12 horsepower engine, situated in Hnion county, Mississippi.

The engine is a twelve-horsepower engine and is situated in Hnion county. Now it is held that this description is so defective as to make it void, but it seems to me that before it could possibly be so regarded the court assumes for itself that there are other twelve-horsepower engines in Hnion county. I do not think the court is authorized to assume anything of the kind. On the other hand, if we had been permitted I think we could have proven that the engine in controversy was the only twelve-horsepower engine at that time in Hnion county, so the description of the engine was accurate as if it had said an engine on a certain plantation belonging to a certain individual. Now must the description necessarily negative the fact that there was no other engine in that place belonging to that individual. It is true that the territory of a county is larger than that of an ordinary plantation but the principle is the same, and if one is defective it seems to me the other would be equally so. Then it is not only an engine in Union county but is definitely described as a No. 12 horsepower engine in Union county.

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