Pugii v. Mays

Citations

• 60 Tex. 191

Syllabus

<p>1, Construction of deeds.— Every part of a deed should be given effect to, if this can be done; but if it evidence conflicting intentions on its face, the object of the grant being considered, effect shall be given to what may appear to be the controlling intention of the grantor.</p> <p>2. Same.— Upon an interchange of lands, each deed contained a stipulation that if the grantee was ousted from possession the deed should be of no effect, and he should have the right to re-enter, possess and own the land given in exchange; but each déed also contained a covenant of general warranty. Held,</p> <p>(1) The party ousted of his possession by one having superior title had the right to elect whether he would re-enter or rely on his warranty.</p> <p>(2) This right of re-entry existed as against a purchaser of the land given in exchange, for the law charged him with notice.</p> <p>(3) The warranty worked no estoppel.</p>