Montgomery v. Carlton

Citations

• 56 Tex. 431
• 1882 Tex. LEXIS 51

Syllabus

<p>1. Deed not void—Parol evidence admitted.—A deed is not void for want of certainty by reason of the omission of one of the-calls in the field notes, where by the description given, and by reversing the calls in the field notes, the missing call can be supplied and the land identified. Parol testimony in aid of such a deed is admissible.</p> <p>2. Motion for new trial — Defect in.—Where the defendant in a cross-bill prayed to have his field notes corrected, and a cloud removed from his title, the case being tried in the absence of the plaintiff, resulting in a judgment in favor of the defendant, held, (1) That the motion for a new trial, on the ground that the plaintiff had a meritorious cause of action and for other reasons sufficiently established, was defective in not exhibiting the chain of title or other documentary evidence relied on.</p>