Brokel v. McKechnie

Citations

• 69 Tex. 32
• 6 S.W. 623
• 1887 Tex. LEXIS 768

Syllabus

<p>1. Limitation — Deed—Description—Ambiguity. — Title by limitation under the five years statute can not be obtained when the recorded deed under which possession is claimed describes the land as having been purchased by the vendor at a lax sale, and contains no other description than the number of the survey, which it misdescribes, and the name of the patentee. Parol evidence is not admissible to explain the misdescription, by showing that there was but one tract of land granted to the patentee in the county. The rule which permits parol evidence to explain a latent ambiguity has generally no application except as to the parties and privies to the instrument sought to be explained.</p>