Douthit v. Robinson
Texas Supreme Court
Error from Collin. Tried below before the Hon, R. R. Gaines. Suit in trespass to try title to six hundred and forty acres of land, part of the James Osgood survey in Collin county, brought by plaintiffs below, California Douthit et al., and who are plaintiffs in error, against defendants below and defendants in error, S. L. Robinson et al.
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Error from Collin. Tried below before the Hon, R. R. Gaines. Suit in trespass to try title to six hundred and forty acres of land, part of the James Osgood survey in Collin county, brought by plaintiffs below, California Douthit et al., and who are plaintiffs in error, against defendants below and defendants in error, S. L. Robinson et al. Both parties claim under Ambrose Douthit as a common source — the plaintiffs through a deed from him to Presley J. Douthit to six hundred and forty acres, of date October 21, 1857, duly recorded December 12, 1857; the defendants through a subsequent deed,…
1Opinion of the Court
Bonner, Associate Justice.
The question presented for our decision is this: Did the court below err in deciding that the description of the land claimed by plaintiffs, California Douthit et al., given in the prior recorded deed from Ambrose Douthit to Presley J. Douthit, under which plaintiffs deraign their title, was void for ambiguity, and in rejecting parol evidence to identify the land, as against defendants Robinson et al., who deraign title under the subsequent deed from Ambrose Douthit to King and Johnson
This deed from Ambrose Douthit to Presley J. Douthit, after describing the land as…
2Cases cited4 opinions
- Norris v. HuntTexas Supreme Court · 1879
- Booth v. UpshurTexas Supreme Court · 1861
- Blake v. DohertySupreme Court of the United States · 1820
- Hughes v. SandalTexas Supreme Court · 1860
3Cited by9 opinions
- Easterling v. SimmonsCourt of Appeals of Texas · 1927
- Texas Consolidated Oils v. BartelsCourt of Appeals of Texas · 1954
- Robinson v. DouthitTexas Supreme Court · 1885
- Roberts v. HartCourt of Appeals of Texas · 1914
- Maris v. AdamsCourt of Appeals of Texas · 1914
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