Blumberg v. Mauer

Citations

• 37 Tex. 2

Syllabus

<p>1. Mistake of fact is corrected by the rules and principles of equity; and it is only as between the original parties, or those who claim in privity under the original parties, that equity will correct mistakes in written instruments.</p> <p>2. Though law and equity are blended in the judicial system of this State, there is neither an abrogation nor a modification of the principles of either the one or the other.</p> <p>3. Calls for a known corner and a known line will control other calls in a grant, unless it clearly appears that the parties actually established upon the ground a different corner and line-</p> <p>4. When there was no privity between two purchasers from the same vendor, and no fraud is imputable to either of the purchasers, the first purchaser cannot hold the second responsible for a mistake or fraud of their vendor, whereby land which should have been conveyed to the first has actually been conveyed to the second purchaser, in consequence of the actual survey for the first purchaser having been commenced on an adjoining tract belonging to a different proprietor.</p> <p>5 A conveyed to B one hundred and eighty acres of land out of a designated tract, and described the one hundred and eighty acres as beginning at the S. E. corner of the designated tract, and running with its east line to its ST. E. corner, and thence by other lines which would delineate a parallelogram ; and an actual survey was made and marked out by A to B, in conformity, as they believed, with the calls of the deed. Subsequently, A conveyed to C another portion of the same designated tract, describing this portion as beginning at the S. W. or last corner of B’s tract, and adopting B’s west line as the first line of G’s survey ; and an actual survey was made and markgd off by A to C, in conformity with the latter’s deed, and assuming that B’s deed and survey coincided with each other. But it was afterwards ascertained that A, in the survey to B, had misplaced the beginning corne