Godfrey & Candler v. Huson

Gilbert, Justice.

1. The evidence showed that subsequently to the alleged parol gift of the vacant property in dispute the defendants’ predecessor acquired title to adjacent property by a warranty deed containing a covenant mutually binding him and the grantor, under whom petitioners claim title to other property adjacent to the vacant property, not to *484enclose or improve the vacant property. Therefore the alleged title by parol gift to the vacant lot became merged in the rights and restrictions as to the vacant lot, as expressed in the warranty deed conveying the adjacent property now owned by…