Norvell v. Phillips

Citations

• 46 Tex. 161

Syllabus

<p>1. Parol evidence of conflict of grants.—Upon an issue of inadequacy of price for which land was sold, it is admissible to prove, by parol evidence, that the land conflicted, or was supposed to be in conflict, with an elder grant, and also to show the supposed! merits of the conflicting titles, as affecting the value of tile land in general esteem, or with those who might wish to purchase,</p> <p>2. Same.—Though the existence and extent of the conflict of two grants can only be definitely determined, in many instances, by a survey, there is no reason why it may not be proved by any one who can testify to the fact.</p> <p>3. Objections to testimony.—When, by the bill of exceptions, it is not shown that the testimony was, under no circumstances, admissible, the court will suppose that the court below would have made the proper ruling, had the objection been insisted on to the testimony, so far as it seems objectionable.</p> <p>4. Charges of court—Assignment of error.—When no specific error is assigned to the charge of the court, and there is no error of a controlling nature manifest, this court' will not critically examine the charge to ascertain if it is in every respect accurate.</p> <p>5. Same.—A charge not applicable to the facts in evidence is properly refused, however correct as a principle it may be.</p> <p>6. Assignment of errors.—When there is a conflict of testimony, the general assignment, that the verdict is against the law and the evidence, is too general, and will not be considered.</p> <p>7. Intervention.—It can be no ground of complaint that necessary parties to a suit are allowed to make themselves parties, as interveners, at their own instance.</p> <p>8. Irregularities.—When a judgment is not warranted by the pleadings, but is of such a nature that it cannot affect the party complaining, it will be considered a mere irregularity, and no cause for reversal.</p> <p>9. Practice.—The fact that the relief granted has not been exhaustive, but further ac