Moore v. Hazelwood

Citations

• 67 Tex. 624
• 4 S.W. 215
• 1887 Tex. LEXIS 933

Syllabus

<p>1. Mistake.—When land is purchased under mutual mistake on the part of the vendor and vendee, as to the locality of adjoining surveys called for in a deed, the true position of which limits and diminishes the area of the land, so that title to the full tract bargained for does not pass by the deed, equity will afford relief to the purchaser, and it is immaterial that the conveyance was with special warranty.</p> <p>3. Same.—The mistake may be set up and, under a plea of partial failure of consideration, relief obtained when the vendor seeks the collection of unpaid purchase money.</p>