Farley v. Deslonde

Citations

• 58 Tex. 588
• 1883 Tex. LEXIS 70

Syllabus

<p>1. Change oe venue.— Under article 1272 of the Revised Statutes, when the application for change of venue is on its face sufficient, no inquiry can be made into the means of knowledge of those who made the supporting affidavits; in such case the application can only be defeated by showing that the affiants are not “credible persons.”</p> <p>2. Same—Practice in supreme court.— Where the supporting affidavits fora change of venue are for the first time attacked in the supreme court for informality or defect in the jurat, which could have been amended after objection below, the objection will not be regarded.</p> <p>3. Description.— Land was described in a deed as follows: “The lower or south half of league Ho. 2 from the mouth of Elm creek, . . . being the half league taken from the four premium leagues granted to Sterling C. Robertson, lying and being situated on and near the aforesaid Elm creek.” Held,</p> <p>(1) That the south half of that league, which would be Ho. 2, counting from the mouth of Elm creek, was intended to be conveyed, and not the half that would be nearest to the mouth of Elm creek.</p>