Wittbecker v. Walters

Citations

• 69 Tex. 470
• 6 S.W. 788
• 1888 Tex. LEXIS 880

Syllabus

<p>1. Deed — Mistake—Description.—A mutual mistake in the calls of a deed conveying land in excess of that bargained for, can not be corrected at the suit of the vendor, when, after the discovery of the mistake, he has received payment of the purchase money for the land thus conveyed, and yielded possession thereof to the vendee.</p> <p>2. Pleading — Evidence.—In a suit by a vendor to recover possession of land conveyed by mistake, the defendant, although in his pleading he may rely on his deed alone, may show without special plea that after the discovery of the alleged mistake, the vendor received the full-consideration for the land, and had agreed to let the conveyance remain-undisturbed.</p>