13 Tex. 209 | Tex. | 1854
The appellant’s counsel rely on the particular terms of the statute. (Hart. Dig. Art. 1345.) It is in the following words: “ That when a sale has been made, and the “ terms thereof complied with, the Sheriff, Coroner, or Con- “ stable shall execute and deliver to the purchaser a convey- “ anee of all the right, title, interest and claim which the de- “ fendant in execution had in, and to, the property sold and they insist that under the broad terms used, of interest and claim, an equitable interest would be included. This may be correct in part; it may be that an equitable claim to title, or a resulting trust, may sometimes be subject to sale
At the time the execution was levied and the land sold, there was no distinct property that could be levied on and pointed ont to a bidder, and the result of the assessment shows what would be the sacrifice of property at Sheriff’s sale, if not designated and pointed out with sufficient certainty to enable the purchaser to know what particular land he was bidding for, and to enable the Sheriff particularly to designate what property he had sold. A tract of land of three hundred and seventy acres, more or less, with no other limitation, I suppose, to the more, than it is not to exceed in quantity Maxwell’s league, and this sold for ten dollars.
But what seems strange, the purchaser not believing that he had obtained a legal title, with certainly very imperfect sense
Judgment affirmed.