Kingston v. Pickins
Texas Supreme Court
Appeal from Delta. Tried below before the Hon. W. H. Andrews. William B. Kingston and his sister, Mary E. Evans, joined by her husband, sued William Pickins and the heirs of Moses Belcher, deceased, claiming two ninths of a tract of one hundred and eighty acres, which had been the homestead of their deceased father, Thomas Kingston and his widow, Salina Kingston, and which it was alleged was the separate property of said deceased Thomas Kingston.
Read the full summary
Appeal from Delta. Tried below before the Hon. W. H. Andrews. William B. Kingston and his sister, Mary E. Evans, joined by her husband, sued William Pickins and the heirs of Moses Belcher, deceased, claiming two ninths of a tract of one hundred and eighty acres, which had been the homestead of their deceased father, Thomas Kingston and his widow, Salina Kingston, and which it was alleged was the separate property of said deceased Thomas Kingston. Plaintiffs also alleged that defendants held by purchase the interest of the remaining heirs. Defendants pleaded not guilty; statute of limitation…
1Opinion of the Court
Moore, Associate Justice.
The construction of a deed, being a matter of law, is for the court. If, therefore, the land intended to be conveyed by it, be so inaccurately described that it appears, on an inspection of the deed, the identity of the land is altogether uncertain and cannot be determined, the court should pronounce it void; but when the uncertainly does not appear upon the face of the deed, but arises from extraneous facts, as in other cases of latent ambiguity, parol evidence is admissible to explain or remove it. In such case the deed should not be excluded from the jury, but…
2Cited by29 opinions
- Norris v. HuntTexas Supreme Court · 1879
- Wilson v. SmithTexas Supreme Court · 1878
- American Freehold Land Mortgage Co. of London v. PaceCourt of Appeals of Texas · 1900
- GXG, INC. v. Texacal Oil & Gas, Texas Court of Appeals, 13th District1998
- Cox v. HartSupreme Court of the United States · 1892
24 more not listed; retrieve them via the Exa API.