Rasbury v. Hale

(after stating the case as above).

The first proposition, stated briefly, is to the effect that the description contained in royalty deed from defendants in error to Joiner, Trustee, dated February 1, 1930, is sufficient to convey the one-fourth royalty interest in the land sued for by defendants in error.

In support of this position plaintiffs in error invoke the maxim falsa demonstra-do non nocet and cite decisions applying the same. The jury, in response to issues 1 and 3, found that Hale and wife, by the deed mentioned, intended to convey a one-fourth royalty interest in the 2½ acre tract…