Also known as: descriptions
Written by attorneys · grounded in primary & secondary sources — see below
A delineation or account setting forth the characteristics or qualities of a person, property, or thing. The account must be sufficiently specific to identify the subject with reasonable certainty in the context of the governing legal requirement.
Dustin Donovan signed a deed transferring a parcel to Deanna Davenport. The deed stated only that the land was "the farm near the river" without metes and bounds or other identifying details. When Deanna later sought to record the deed, the county clerk rejected it because the description failed to identify the parcel with the certainty required for a valid conveyance.
Dynamic Solutions sued Desert Oil for breach of contract. In its initial disclosures, Dynamic Solutions listed the contract and three emails by category and location rather than producing copies. Desert Oil moved to compel full production, arguing that the description by category satisfied the disclosure obligation only if the items could be located and inspected.
Select any source to read its text and confirm it supports the definition.
Dixon Foods granted a security interest in its inventory to a lender. The financing statement described the collateral as "all personal property." When Dixon Foods defaulted, the lender attempted to enforce the interest against specific equipment. The court held the description insufficient because it did not reasonably identify the collateral under the statute.
Police obtained a warrant for a suspect whose name was unknown. The warrant described the defendant as a white male approximately six feet tall with a distinctive scar on his left cheek who had been seen fleeing the robbery scene in a blue sedan. Officers later arrested Devon Drake, who matched the description exactly.
A witness gave police a description of the robber immediately after the crime. Months later the witness identified Danielle Dixon in a suggestive lineup. At trial the court suppressed the lineup but allowed the in-court identification after finding that the witness's opportunity to view the robber, degree of attention, and the accuracy of the prior description provided an independent source.
Diamond Manufacturing's board approved the sale of a major division. The notice sent to shareholders described the transaction as the sale of the electronics division for $45 million in cash plus assumption of related liabilities. Shareholders challenged the adequacy of the description, claiming it omitted material terms required for informed approval.
A description is sufficient when it identifies the property with reasonable certainty so that the land can be located and distinguished from other parcels. Courts accept references to recorded plats, metes and bounds, or even informal landmarks when extrinsic evidence can resolve any ambiguity without contradicting the deed language.
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A description fails when it uses only supergeneric language such as "all assets" or "all personal property." The statute requires that the description reasonably identify the collateral, which can be done by specific listing, category, or any other method that distinguishes the collateral from other property.
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The description must identify the defendant with reasonable certainty when the name is unknown. Physical characteristics, clothing, location, or other distinguishing facts that allow officers to locate the correct person without undue discretion satisfy the requirement.
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…the United States. The Secretary of State is a person holding an office under the United States and is within the letter of the description; if this court is not authorized to issue a mandamus to such an officer it must be because the law is unconstitutional and incapable of conferring the authority and assigning the duties…