Robinson v. Douthit

Citations

• 64 Tex. 101

Syllabus

<p>1. Evidence.— Where the question was what particular tree was referred to in a deed, evidence for the purpose was admissible to prove that the grantor had pointed out, at the time the deed was made, a certain tree as the one referred to in his deed, and that the deed was made with reference thereto.</p> <p>2. Warranty — Consideration — Estoppel.— A father conveyed to his son, in consideration of natural love and affection, with warranty of title, a tract of land on which there was a deed of trust. At the sale under the deed of trust a third party bought the land and resold his title to the father. Helds</p> <p>(1) Protection will be given to those holding under such warranty as against the warrantor, his heirs, and those claiming under him with notice. Most of the states have gone still further, and decided that the subsequently-acquired estate will actually pass to the warrantees as if it had been originally transferred by the deed.</p> <p>(2) Estoppel arising upon a breach of warranty is not restricted to those cases in which a personal action would lie against the warrantor, but exists whenever a valid conveyance having a covenant of warranty is executed.</p> <p>(3) Natural love and affection is a sufficient consideration to sustain the conveyance as between the parties to the deed, and to give effect to the covenants in the deed.</p> <p>3. Boundary. — What matters may be considered in determining the boundary of land is a question of law to be decided by the court, and not to be sworn to as a fact by a witness.</p>