Cleveland v. Sims

Citations

• 69 Tex. 153
• 6 S.W. 634
• 1887 Tex. LEXIS 796

Syllabus

<p>1. Deed — Description.—A deed should be so construed if possible as to give it effect, and a defective description may he aided by reference to such other portions of the deed as make clear the specific property ia tended to he conveyed. If the deed refers to another instrument £®r further description, it is competent tó resort to it to ascertain the location and description of the property sold.</p> <p>% Variance — Pleading-.—In a suit to recover lot A, a deed was offered in evidence conveying lot seven in connection with an agreement to which the deed referred, and which showed that by agreement between the owners of the block in which lot A was located a new division was made of the lots, and lot A took the place of lot seven, held, that there was no variance.</p> <p>8. Fact Case. — See opinion for facts held not sufficient to have authorized a finding that a conveyance was made iff fraud of creditors.</p> <p>4. Depositions. — There is no statute or practice which authorizes a party to a suit to propound interrogatories to his adversary after trial and judgment, to be used in support of a motion for new trial. A failure to answer them can not be construed into the confession of a fact they were intended to establish.</p> <p>5. Practice. — The failure of the trial judge to place on record his conclusions of law and fact can not afford ground for a reversal of a judgment,™ unless such failure was made the subject of a bill of exceptions.</p>