According to Mr. Bumble, the law is an ass. I disagree (Know a lawyer who’s an ass? That’s another conversation). In Davis v. Mueller the law was not an ass, per se, but as applied by the Texas Supreme Court it showed little mercy.
A refresher on conveyances
- According to the Statute of Frauds, a writing conveying real property must furnish within itself, or by reference to some other existing writing, the means or data by which the land to be conveyed may be identified with reasonable certainty.
- A Mother Hubbard clause is a catchall in a deed to capture small, overlooked, or incorrectly described interests.
- A Mother Hubbard clause is not effective to convey a significant property interest not adequately described in the deed.
- In Texas a general conveyance of all of a grantor’s property in a geographic area is given effect.