Taylor v. McNutt

Citations

• 58 Tex. 71
• 1882 Tex. LEXIS 209

Syllabus

<p>1. Construction of written instruments—Evidence.—When the effect of a writing does not depend entirely upon the construction or meaning of its terms, but upon extrinsic facts and circumstances, then it becomes the duty of the court to submit for the consideration of the jury the instrument, together with the attending facts and circumstances adduced in evidence, with such instructions upon the legal effect of the instrument as will meet the various phases presented by the extrinsic evidence. The above constitutes an exception to the rule which requires the court to pass upon the legal effect of written instruments.</p> <p>2. Vendor’s lien.—The above rule applied in this case in construing the terms of a deed, and in favor of one claiming a release of a vendor’s lien on land.</p> <p>3. Trial—Argument of counsel.—Counsel should be confined by the court to the discussion of those issues made by the pleadings, in regard to which some evidence has been introduced.</p>