Bigham v. McDowell

Citations

• 69 Tex. 100
• 7 S.W. 315
• 1887 Tex. LEXIS 783

Syllabus

<p>1. Charge of Court. — It is error to give in charge to the jury a proposition of law, which, however correct as an abstract proposition, could have no application to the case except upon a condition of facts not in evidence.</p> <p>2. Dignity of Calls in a Survey. — Though as a general rule the course and distance of lines called for in a grant will yield to a call for a natural object or a marked line, yet if upon applying the calls of the grant to the land, the surrounding and connecting circumstances adduced in evidence to explain the discrepancy, render it apparent that course and distance as called for are the more certain and reliable guides to the true location of the grant, they will prevail.</p>