Jemison v. Scottish-American Mortg. Co.

• Court: Texas Court of Appeals
• Writing for the Court: Stephens
• Citation: Jemison v. Scottish-American Mortg. Co., 46 S.W. 886, 19 Tex.Civ.App. 232 (Tex. App. 1898)
• Decision Date: 02 July 1898
• Parties: JEMISON v. SCOTTISH-AMERICAN MORTG. CO., Limited, et al.

46 S.W. 886

JEMISON v. SCOTTISH-AMERICAN MORTG. CO., Limited, et al.

Court of Civil Appeals of Texas.

July 2, 1898.

Appeal from district court, Haskell county; A. H. Kirby, Special Judge.

Trespass to try title by E. S. Jemison against the Scottish-American Mortgage Company, Limited, and others. There was a judgment awarding plaintiff a portion of the land in controversy, and he appeals. Reversed.

S. W. Jones, P. D. Sanders, and Foster & Scott, for appellant. Gano, Gano & Gano, for appellees.

STEPHENS, J.

Appellant sued appellees to recover the north half of the James H. West survey of land, situated in Haskell county, and, failing to recover more than a small part thereof, he prosecutes this appeal. The case was tried without a jury, and without any conflict in the evidence. Appellant's statement of the material facts proven is accepted by the appellees. The decision of the case turns upon the construction of certain deeds made in November and December, 1876, by the widow and a portion of the children of A. F. James, the common source of title, who died testate March 4, 1861, to George J. Butler, whose wife was a daughter of A. F. James, deceased, and of a deed from Butler and wife to James M. Robertson, made November 7, 1885. These deeds are quoted in appellant's brief. The deeds to Butler recite a nominal consideration, and convey to him, as therein expressed, "the following property, to wit: All the right, title, and interest, legal and equitable, that we now own or possess, or that may hereafter vest in us, whether as heirs, devisees, or distributees in and to all the estate, real and personal, of A. F. James, deceased, situated and being in the state of Texas, except * * *, and except, also, whatever interest of ours in and to said estate may have heretofore been transferred or conveyed to other parties, all of which are intended to be excluded from the operation hereof; to have and to hold the same to him, the said Geo. J. Butler, his heirs and assigns, forever." The deed from Butler and wife to Robertson reads: "The State of Texas, County of Bell. Know all men by these presents, that we, Geo. J. Butler and Sallie J. Butler, husband and wife, of the county and state aforesaid, for and in consideration of $800.00 to us in hand paid by James Robertson, of Bosque county, Texas, have granted, sold, quitclaimed, and conveyed, and by these presents do grant, sell, quitclaim, and convey, unto the said James M. Robertson, all of our right, title, interest, claim, or demand, of whatsoever kind, of, in, and to the M. Menard 640-acre survey, located about three miles northwest from Meridian, in Bosque county, Texas, and being the same land conveyed to us by J. R. Coryell, less 50 acres heretofore sold to said Robertson, and reference is here made to said deed for description; also...