White v. G. W. Street

Citations

• 67 Tex. 177
• 2 S.W. 529
• 1886 Tex. LEXIS 633

Syllabus

<p>1. Failure of Warranty—Exchange of Land.—When lands are exchanged, and the title to one of the tracts of land, which in the exchange between the parties was conveyed with general warranty, fails, a recovery may be had against the grantor for the value of the land with interest. The value as fixed and agreed on between the parties at the time of the exchange, may be regared as the true measure of damages.</p> <p>2. Same.—In a suit to recover on a warranty of title to land, the title to which has failed, and which was received in an exchange of land for other laud conveyed to the defendant, the plaintiff (when no rights of third parties intervene) may enforce his lien on thé land conveyed to the defendant to the extent of the value at the time of the exchange of the land, the title to which has failed.</p>