Cromwell v. Holliday

Citations

• 34 Tex. 463

Syllabus

<p>1. When the description given in a deed of land intended to be conveyed includes several particulars, all of which are necessary to the identification of the land conveyed, no land passes by the deed except such as is consistent with every particular of the description.</p> <p>3. Restrictive words in the latter part of a deed control the grant. See this case for an illustration of these principles.</p> <p>3. It seems that the rule allowing one tenant in common to maintain in his own name, but for the benefit of his co-tenants as well as himself, an action of trespass to try title, will not be allowed to prevail when the suit appears to be a speculative action by the plaintiff, for his own interest alone.</p>