Hamman v. Keigwin

Citations

• 39 Tex. 34

Syllabus

<p>1. The plea of innocent purchaser can only be made available to one who relies on it by showing, first, t^at he was a tona fide purchaser; second, that-he purchased without notice, either actual or constructive; and third, that he paid the purchase money; and this must be shown independent of any recitals in the deed.</p> <p>2. While parol testimony cannot be admitted to vary the terms of a written contract, it may be considered in all cases to explain an ambiguous one.</p> <p>S. Where the terms of a deed, considered with reference to title bonds for land, which were intended to be satisfied by its execution, are ambiguous and contradictory, a resort may be had to parol 'testimony, in connection with the title bonds, and the considerations on which it was based, to ascertain the land intended to be embraced in it by the parties.</p>