Pendarvis v. Gray

Citations

• 41 Tex. 326

Syllabus

<p>1. Fraud—Cancellation of deed.—That the vendor represented that the laud sold was upon a certain creek, the purchaser wanting to buy the land for a stock ranche, which was known by the vendor, when, in fact, the land was not upon that or any other creek, had no water on it, and was worthless for a stock ranche, is sufficient ground to set aside the sale at suit of the vendee, although the vendor made the statement in ignorance of the truth, and had been unwilling to enter such description in the warranty clause of the deed.</p> <p>2. When exceptions considered as waived.—Exceptions to the admission of evidence, though properly taken, when not noticed in a motion for new trial nor in assignments of error, will be regarded as waived.</p>