Wright v. Lancaster

Citations

• 48 Tex. 250

Syllabus

<p>1. Deed.—An instrument describing land, and signed by a party, which has in its beginning and other parts the formal portions of a deed, but is without a habendum clause; which acknowledges the receipt of a consideration, without stating from whom; which describes land, but which fails to state for what purpose, and which fails to designate a vendee, as such, cannot be regarded as a deed conveying any legal or equitable interest in land.</p> <p>2. Deed.—Equity, as between parties to a defective instrument, may supply omissions, according to the real intention of the parties in making the instrument; but it must be done upon proper proceedings, instituted for that purpose.</p> <p>3. Registration.—The recording of an instrument so fatally defective that it can neither be regarded as a deed nor á written contract concerning land, cannot be regarded as constructive notice to any one of any right asserted by any one claiming under it.</p> <p>4. Distinguished from Miller v. Alexander, 8 Tex., 45; Holman v. Criswell, 13 Tex., 38; and McCown v. Wheeler, 20 Tex., 372.</p> <p>5. Approved.—Burnham v. Chandler, 15 Tex., 441, approved.</p>