Doyle v. Hord

Citations

• 67 Tex. 621
• 4 S.W. 241
• 1887 Tex. LEXIS 932

Syllabus

<p>1. Breach of Warranty—Vendor and Vendee.—When land is sold and accurately described in a warranty deed by metes and bounds, which embrace the number of acres purchased, and it is found that a portion of land described is embraced within the limits of an older and superior grant, the result is a partial breach of the warranty, and the purchaser is entitled to have an outstanding negotiable promissory note given for purchase money canceled, and to have such part of the purchase money paid returned as would be equal to the excess paid over the value of tho land to which appellee took title through the conveyance. This rule announced as applicable to cases where the deficiency was not known when the conveyance was made.</p> <p>2. Same.—In such a ease, it is not necessary that the purchaser should offer to surrender the deed and to deliver possession of the land before he can have relief; he may retain so much of the land as his deed entitles him to, and enforce reclamation if he has overpaid, to the extent pro rata of the land to which title has failed.</p> <p>3. Outstanding Title.—Nor is it necessary that he should show in whom the superior title to the conflict vested when the purchase was made. It is enough to show that superior titles had issued for the amount of the deficiency before the sale, which prima facie would be regarded as outstanding as against the vendor at the time and since the execution of the deed by him</p>