Barnard v. Good

Citations

• 44 Tex. 638

Syllabus

<p>1. Mistake—Calls in patent.—All the descriptive calls in a patent must he taken together, and where, by a clerical error, a course is called in the patent for one of the lines different from that in the survey as made, and which mistake is corrected by the other calls, the patent will not convey the land included in the lines as affected by the mistake.</p> <p>2. Same.—Where a survey was made in a square, and the county map and the map in the land office show such to he its shape, and the lines as called for in the patent are of equal length, but the course of one of the lines is “S. 85° E.” instead of “ S. 56° E : ” Held, That the error was corrected on the face of the patent, and that the excess caused by the extension of the two lines affected by the mistake in the course was not appropriated by the patent.</p>