Texas Civil Practice and Remedies Code 34.043 – Sale of Rural Property
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(a) If real property taken in execution is not located in a city or town, the defendant in the writ who holds legal or equitable title to the property may divide the property into lots of not less than 50 acres and designate the order in which those lots shall be sold.
(b) The defendant must present to the executing officer:
(1) a plat of the property as divided and as surveyed by the county surveyor of the county in which the property is located; and
(2) field notes of each numbered lot with a certificate of the county surveyor certifying that the notes are correct.
Terms Used In Texas Civil Practice and Remedies Code 34.043
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Property: means real and personal property. See Texas Government Code 311.005
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(c) The defendant must present the plat and field notes to the executing officer before the sale at a time that will not delay the sale as advertised.
(d) When a sufficient number of the lots are sold to satisfy the amount of the execution, the officer shall stop the sale.
(e) The defendant shall pay the expenses of the survey and the sale, and those expenses do not constitute an additional cost in the case.