Sellers v. Reed

Citations

• 46 Tex. 377

Syllabus

<p>1. Construction of deed—Boundary.—Two deeds executed at the same time, by the same vendor, each calling for the line of the other as a division line, and calling for land within, but on opposite sides of the same survey, will be held to convey the entire tract, whether it he greater or less in quantity than estimated.</p> <p>2. Partition of excess in quantity.—Such excess must he divided between the two in proportion to the quantity owned by each, irrespective of values, in the absence of facts showing that equity would require the application of a different rule.</p> <p>3. Same.—The price paid by the parties is not the measure by which the excess should he apportioned.</p>