Bombarger v. Morrow

Citations

• 61 Tex. 417
• 1884 Tex. LEXIS 116

Syllabus

<p>.1, Deed — Construction of life estate. — A deed of gift made by a parent to his children and their heirs for the consideration of natural love and affection, contained a warranty of title, but a reservation in the following language: “hereby expressly reserving to myself the right to manage and control said land and premises, and have, enjoy and dispose of the occupancy, rents and profits of said land and premises for and during my natural life.” Held, 1. That the deed conveyed to the heirs an estate in remainder, to take effect on the death of the grantor, in whom the deed preserved a life estate. 2. The possession of such land by the grantees during the life of the father must be regarded as in harmony with the deed, and. will be presumed to be the possession of the grantor, and no limitation will run in their favor.</p> <p>2. Parol evidence.— A parol agreement contemporaneous with the execution of a deed inconsistent with its provisions is not admissible in evidence.</p>