Faulk v. Dashiell
Texas Supreme Court
Appeal from McLennan. Tried below before the Hon. B. W. Rimes. Trespass to try title, brought by Ann H. Dashiell and Alfred II. Dashiell, a minor, represented by his next friend, J. H. Bennett, filed 15th March, 1882, against J. J. Faulk and wife, Genie Faulk, for the recovery of four hundred and sixteen acres of the Jacob Walker league in McLennan county. Defendants filed a general demurrer, general denial and a plea of not guilty.
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Appeal from McLennan. Tried below before the Hon. B. W. Rimes. Trespass to try title, brought by Ann H. Dashiell and Alfred II. Dashiell, a minor, represented by his next friend, J. H. Bennett, filed 15th March, 1882, against J. J. Faulk and wife, Genie Faulk, for the recovery of four hundred and sixteen acres of the Jacob Walker league in McLennan county. Defendants filed a general demurrer, general denial and a plea of not guilty. The case was tried 5th June, 1888, before the court without a jury, and a judgment was rendered in favor of plaintiffs for the land, and for costs, etc., from…
1Opinion of the Court
Walker, P. J. Com. App.
Considering first the first ground of assigned error, we are of the opinion that it does not appear from the deed of trust, viewed in connection with the evidence in the *646case, that it was the intention of W. B. Dashiell to limit the conveyance made in it to his own particular interest in or title to the property described in it. It would be altogether too close and technical a construction applied to the words “alt my right, title, interest and claim,” under the evidence, for a court having equity jurisdiction to confine their meaning to the right, title, interest and…
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