Hearne v. Gillett

Citations

• 62 Tex. 23
• 3 Tex. L. R. 73
• 1884 Tex. LEXIS 182

Syllabus

<p>1. Land certificate.-— A land certificate, though personal property when unlocated. loses its character as such after its location, and becomes a chattel real, title to which can no longer pass by parol.</p> <p>2. Same.—The right to a land certificate passes with the transfer of all claim and title to the land on which it is located, though, the parties might by express stipulation avoid this result, and by floating it again constitute it personal property.</p> <p>3. Construction of written instruments.—All the provisions of a written contract must be construed together to ascertain their true meaning, and that construction will he adopted which will harmonize and give an interpretation to each clause, consistent with the meaning of the rest of the instrument. See opinion for an application of this rule.</p> <p>on motion for rehearing.</p> <p>4, Commissioners OF appeal.—The reasons given by the commissioners of appeal for their decision in Smyth v. Veal, 2 Tex. L. Rep., 261, were never adopted by the supreme court, though their conclusions were.</p> <p>8. Land certificate.— A valid agreement in writing to convey to another all the right, claim and title which the obligor has in land covered by a land certificate, necessarily includes any claim the obligor had at the time, by virtue of the land certificate located thereon.</p>