James v. Adams & Wickes

Citations

• 64 Tex. 193

Syllabus

<p>1. Owners in common — Partition—Warranty. — In the partition of land between owners in common in this state, a covenant of general warranty of title to the respective allotments will ordinarily be implied. But if the deed of partition contains a limited warranty, it will generally have -the effect of restricting the remedy to the covenant expressed in the deed.</p> <p>2. Construction. — All the stipulations and covenants of an instrument should be construed together and harmonized, if possible.</p> <p>3. Same — Warranty.— A deed of partition between owners-in common contained a stipulation that the partition was just and fair, and that the lands partitioned were in the Arocha grant only, and also contained a limited warranty as to the lands in the Arocha grant. It afterwards appeared that some of the land partitioned was not within the Arocha grant, and that the parties to the deed had never owned any title to it. Held;-.that the limited warranty referred only to the land within the Arocha grant; .that there was a. general warranty as to the rest; and one of the parties to -the deed, being; ousted by a superior title from land included in the partition, and lying out- ■ side the lines of the Arocha grant, could. demand. contribution-from the other parties to the deed.</p>