Ragsdale v. Mays

Citations

• 65 Tex. 255
• 1885 Tex. LEXIS 342

Syllabus

<p>1. Contract for conveyance of land — “ Interest in lands,” meaning of phrase—Parol evidence—The natural and ordinary meaning of the phrase “ interest in lands ” includes the entire right held in them, and the conveyance of one’s interest in land, without qualification, will be construed to carry with it all the rights of the grantor therein, which cannot be varied or contradicted by parol evidence.</p> <p>2. Same—Certainty to a common intent—Specific performance—Certainty to a common intent is all that is required in an agreement to convey land, and a contract whereby one person agrees to convey his interest in his lands in certain counties therein specified, to another, possesses that degree of certainty, and is sufficient to support a suit for specific performance.</p> <p>3. Same—Extraneous evidence—Where the court is able to ascertain, from the face of the writing, that the whole interest of the grantor was intended to be conveyed, it may go outside of the contract, to ascertain the actual extent of that interest.</p> <p>6. Same—Case distinguished—This case distinguished from that of Jones v. Carver, 59 Tex. 293.</p>