Troy v. Ellis

Citations

• 60 Tex. 630

Syllabus

<p>1. Deed—Description.— A tract of land was conveyed by deed, which described it by metes and bounds, by the name of the grantee, and as “ containing eight hundred acres, more or less.” It was transferred by several deeds to successive purchasers by the same description, except that the words “more or less ” were omitted. The last purchaser, B., sold to three parties; to one he conveyed an undivided interest of three hundred acres, to another an undivided interest of three hundred and fifty acres, and to another an undivided interest of one hundred and fifty acres, making in all eight hundred acres. These three interests were purchased by C., who went into possession, and claimed the entire survey. B. afterwards sold all his interest in the survey to D., describing it as an excess, “more or less, above the eight hundred acres heretofore conveyed by this vendor.” The excess was about two hundred acres. In a suit brought by D. against 0. to recover that excess, held, that the deed to D. conveyed whatever excess in the survey there was over eight hundred acres.</p>