Anderson v. Stamps
Texas Supreme Court
Appeal from Rusk. Tried below before the Hon. Charles A. Erazer. Suit by appellant against appellee on a promissory note.
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Appeal from Rusk. Tried below before the Hon. Charles A. Erazer. Suit by appellant against appellee on a promissory note. Answer to the effect that the note was part of the consideration of a tract of one hundred and forty acres of land, sold by plaintiff to defendant, and for which defendant held the bond of plaintiff to make him a title ; that the plaintiff could only make a title to about thirty-five or forty acres of the land ; that defendant had overpaid plaintiff for the quantity of land to which he could make title, in a certain amount, which he prayed in reconvention ; and offered to…
1Opinion of the CourtWheeler, J.
The rules governing the construction of grants, upon questions of boundary, are well settled. (6 Tex. R. 502 ; 9 Id. 97 ; Thomas v. George, 16 Id. 74 ; Bolton v. *465Lann, Id. 96.) They are invoked only when the calls of the grant lead to different results. Then those calls must be adopted which are most consistent with the intention apparent upon the face of the grant, or the presumed intention of the grantor. Hence the rule that the most material and certain calls will control those which are less certain and material; because those are supposed to be most prominent in the mind of the grantor ;…
2Cited by42 opinions
- Oklahoma v. TexasSupreme Court of the United States · 1925
- Stover v. GilbertTexas Supreme Court · 1923
- Converse v. LangshawTexas Supreme Court · 1891
- Missouri, Kansas & Texas Railway Co. v. AndersonCourt of Appeals of Texas · 1904
- Woods v. RobinsonTexas Supreme Court · 1883
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