Langham v. Gray

On Rehearing.

The majority of this court has reached the conclusion that we were in error in our construction of the deed from Sam Lee Gray to McFaddin-Wiess-Kyle Land Company. Mr. Chief Justice HIGHTOWER adheres to the original opinion, on the ground that the description given in this deed does not locate the land and does not give sufficient data by which it can be located, by the aid of extrinsic evidence. The description is given in full in the original opinion.

It would seem that this land is fully located by reference to the calls in this deed. In surveying this land, following the calls…