Webb v. Brown
Texas Commission of Appeals
Appeal from Kaufman county. Opinion by Walker. P. J. Statement. — The appellant assigned, among other grounds of error, the following, viz. s 4. That the court erred in permitting plaintiff to recover on breach of warranty to title of the E. A. Terrell survey, when the proof showed that title to said Terrell survey had i not failed. 5. That the court erred in giving judgment for plaintiff for damages growing out of breach of warranty of title, when all the proof only tended…
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Appeal from Kaufman county. Opinion by Walker. P. J. Statement. — The appellant assigned, among other grounds of error, the following, viz. s 4. That the court erred in permitting plaintiff to recover on breach of warranty to title of the E. A. Terrell survey, when the proof showed that title to said Terrell survey had i not failed. 5. That the court erred in giving judgment for plaintiff for damages growing out of breach of warranty of title, when all the proof only tended to show a shortage in the quantity of acreage; that the title to said survey was admitted and proved to be good. These…
1Opinion of the Court
Opinion.— It is settled, as a general rule in the construction of deeds, that, in case of a discrepancy in the de*38scription of the premises between the distances and the boundaries, the former are to be controlled by the latter, on the ground that the lesser must yield to the greater certainty. The rules by which courts are governed in determining from the description of the land given by the calls in a deed are but those of reason, founded on experience and observation, applied to the subject for the purpose of identifying and rendering certain the true locality of the land as the same has…
2Cases cited15 opinions
- Stafford v. KingTexas Supreme Court · 1867
- Powell v. ClarkMassachusetts Supreme Judicial Court · 1809
- Booth v. UpshurTexas Supreme Court · 1861
- Booth v. StripplemanTexas Supreme Court · 1862
- Bolton v. LannTexas Supreme Court · 1856
10 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Holland v. AshleyCourt of Appeals of Texas · 1913