McMurray v. Standley
Texas Commission of Appeals
1Opinion of the CourtNickels, J.
The general nature of the case is stated in the opinion of the Court of Civil Appeals. 297 S. W. 557. It was held that the description in the deed there considered was void for uncertainty, if that ruling be correct the assignments here are either immaterial or not well laid.
The basic matter is one of latent ambiguity ; and it must be determined upon the assumption that the parties contracted with reference to the real condition of the property, or “its actual state,” since there is lack of evidence to the contrary, and with application of the doctrine that falsa demonstratio non nocet.…
2Cases cited3 opinions
- Arambula v. SullivanTexas Supreme Court · 1891
- Mansel v. CastlesTexas Supreme Court · 1900
- McMurrey v. StandleyCourt of Appeals of Texas · 1927
3Cited by7 opinions
- Wyatt v. McGregor, Texas Court of Appeals, 13th District1993
- Stovall v. FinneyCourt of Appeals of Texas · 1941
- Higgins v. Bankers' Mortgage Co.Texas Commission of Appeals · 1929
- Rasbury v. HaleCourt of Appeals of Texas · 1939
- Broaddus v. GroutTexas Supreme Court · 1953
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