Linney v. Wood

Citations

• 66 Tex. 22
• 17 S.W. 244
• 1886 Tex. LEXIS 434

Syllabus

<p>1. Spanish grant—Construction of language—Our courts are not presumed to be acquainted with the peculiar forms of expression of the Spanish language. These are matters of proof; and, without evidence upon the subject, the language of a Spanish grant translated into English cannot be treated otherwise than as if the original grant had been in English.</p> <p>2. Patent ambiguities—Courts do not solve patent ambiguities, but treat the ambiguous provisions as inoperative and void. (1 Greenl. on Ev., sec. 300 ; 2 Whar. on Ev., sec. 956.)</p> <p>3. Latent ambiguity—Construction—Latent ambiguties are developed by extraneous evidence; such evidence must, therefore, solve them, and through it the jury must arrive at their conclusion. (1 Greenl. on Ev., sec. 292.)</p> <p>4. Same—Declaration of parties—Evidence—When the language used in a deed to describe the premises conveyed, is equivocal, ambiguous, or insufficient, subsequent acts or declarations of the parties, showing the practical construction put upon the words of the description by them, may be resorted to. (Stone w. Clark, 35 Am. Dec.', 373.)</p> <p>5. Same—Such evidence is not introduced to show the real meaning of the words, but the construction put upon them in the particular case by the parties, and is to be considered by the jury, and not the court.</p> <p>6. Evidence—Charge—It is error to exclude from the jury the decision of a conflict in the evidence.</p> <p>7. Same—See opinion for facts under which it could not be held that an erroneous charge did not influence the verdict of the jury.</p> <p>8. Estoppel—A defendant cannot be estopped by recitals in deeds when the action is not founded upon those deeds, 'and he does not defend under them. (Big. on Estop., 269.)</p> <p>9. Same—Requisites—An important requisite of estoppel is that it should be certain, precise and clear; and nothing should be left to doubtful inference. See opinion-for facts under which a deed did not estop parties claiming under it.</p> <p