By the Comí.
delivering the opinion.
.[1.] I do not consider that the objection to the deed in this case, upon the ground of uncertainty in the description of the premises conveyed, is at all tenable. It is necessary that there be in all valid deeds, a description of the thing conveyed, and there must be such certainty in the description, as clearly shows what the grantor intended to convey, andas will render it practicable to identify the premises. The rule is laid down with sufficient clearness by Judge Marshall in the following words: “it is undoubtedly essential to the validity of a grant, that there should be a thing granted, which must be so described as to be capable of being distinguished from other things of the same kind. But it is not necessary that the grant itself should contain such a description as without the aid of extrinsic testimony, to ascertain precisely what is conveyed.” Blake vs. Doherty, 5 Wheat. 359. The description here is “one house and lot in the Towm of Whitesville, in Harris County, Georgia, situate, lying and being between the forks of the LaGrange and West Point roads, running back to B. F. Cleveland’s line, containing one quarter of an acre, more or less.” It is full enough for all purposes of intention and identification. It contains within itself almost perfect evidence of locality and .quantity. There is scarcely room for the possibility of a mistake. The character of the property, a house and lot; their locality, the Town of Whites-ville, Harris County, Georgia; and further, lying in the forks of the LaGrange and West Point roads; the quantity, one quarter of an acre, and its boundaries, the two roads, and B. F. Cleveland?s line. If Lord Mansfield could uphold a deed* when the description
This bill is filed by two tenants in common, against a third, for an account, and in its allegations, and by the testimony at the hearing, makes the following case. The complainants became bound with one Booker for the purchase money of a house and lot in the Town of Whitesville, with the understanding that the title thereto should be executed to him and them jointly. This was accordingly done, and they and he became thereby joint tenants of the property. The complainants and Booker, were all sued for the purchase money, and judgment went against them. They pointed out the house and lot as the property of Booker, and it was sold under the execution against them and him, and the defendant below, Andrews, became the purchaser. He went into possession, and received rent for a year or two, and then tore down the house, and removed it to his own premises. Considering him as a tenant in common with them, they pray that he be decreed to account to them for their two-thirds interest in the rent so received, and in the value of the house so appropriated. Upon the trial, the Court was asked to instruct the Jury, that if they believed that the house and lot were levied on, advertised, and sold as the property of Booker, without mentioning the title or interest of the complainants, that fact did not of itself prevent the title to the entire premises passing to the purchaser^ which charge the Court refused to give, but on the contrary charged, that the sale passed the title to the purchaser of Booker’s interest only. Whereupon, the defendant, Andrews, excepted.
Before going into the trial, the defendant’s counsel made to the Court a motion to dismiss the bill for want of equity, and for a misjoinder of causes of action, which motion was refused by the Court. He then moved the Court, that the complainants be put upon their election as to which of the two causes of action they wmuld rely upon, which motion was also refused, and to the ruling of the Court on both motions he excepted.
Let the judgment be affirmed.