Bridgeport Coal Co. v. Wise County Coal Co.
Court of Appeals of Texas
In a suit to set aside a deed on the ground that the same was fraudulently-obtained, the refusal of the court to give an instruction to enable the jury to determine whether the statements by which the deed was obtained were deceitful and fraudulent, was harmless in view of the fact that the jury found, in answer to a special issue, that the grantors voluntarily executed said deed without any misleading or deceptive statements. 2. —Dignity of Calls in Grant.
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In a suit to set aside a deed on the ground that the same was fraudulently-obtained, the refusal of the court to give an instruction to enable the jury to determine whether the statements by which the deed was obtained were deceitful and fraudulent, was harmless in view of the fact that the jury found, in answer to a special issue, that the grantors voluntarily executed said deed without any misleading or deceptive statements. 2. —Dignity of Calls in Grant. A call in a deed for course and distance is not necessarily controlled by an incidental or passing call for the corner of another survey.…
1Opinion of the Court
CO HUBE, Chief Justice.
We adopt the following statement of the nature and result of this suit presented by appellants and agreed to by appellee, viz.':
“The appellee, the Wise County Coal Company, plaintiff in the court below, sued the defendant, the Bridgeport Coal Company, for certain land situated near Bridgeport in Wise County, and the appellants, Bobert, Bichard and Isaac Floyd' and Mrs. Hardesty as heirs of B. W. Floyd intervened, and the appellees, Mary B. Bonifield and M. J. Weaver, intervened also claiming the property as the- heirs of Isiah Wells.
“As to a portion of the land, the…
2Cases cited1 opinion
- Jones v. AndrewsTexas Supreme Court · 1888
3Cited by10 opinions
- Texas v. HarringtonTexas Commission of Appeals · 1921
- Calvin v. NeelCourt of Appeals of Texas · 1916
- Hines v. HodgesCourt of Appeals of Texas · 1922
- Henyan v. TrevinoCourt of Appeals of Texas · 1911
- Grimm v. WilliamsCourt of Appeals of Texas · 1918
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