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27 Tex. 89

Murray v. Land

Texas Supreme Court

Decided July 1, 1863

Texas Supreme Court · decided 1863-07-01

Error from Red River. Tried below before the Hon. Wm. S. Todd. This is a suit by John Land and Matilda A. Land against H.. F. Murray, on a promissory note, .and to enforce the vendor’s lien on certain land.

Cited by 1 later decisions — most recently February 1926

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1863-07-01

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Bell, J.

¶1There is no sufficient description of the land which the decree of the court orders to be sold. The land ought to have been so described in the judgment, as to make it certain that the sheriff could execute the decree of the court. It is not enough to say that if the sheriff makes a mistake and sells the wrong land, the plaintiff in error will not be injured by it. Some other person may be injured. Judicial proceedings should be conducted in such manner as to secure the rights of parties, without any reliance upon “the chapter of accidents.” The land which the plaintiffs below sought to subject to their lien, should have been identified and clearly shown by the evidence to be subject to the lien; and the decree of the court should have described the land so as to furnish a safe guide to the officer in executing the decree. The judgment is reversed and the cause remanded.

¶2Reversed and remanded.

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