Parrish v. Williams

• Decision Date: 23 March 1904
• Citation: 79 S.W. 1097
• Parties: PARRISH v. WILLIAMS.
• Court: Texas Court of Appeals

79 S.W. 1097

PARRISH v. WILLIAMS.

Court of Civil Appeals of Texas.

March 23, 1904.

Appeal from District Court, Wood County; R. W. Simpson, Judge.

Action by J. P. Parrish against W. T. Williams. From the judgment, plaintiff appeals. Affirmed.

The following is the plat referred to in the opinion:

NOTE: OPINION CONTAINING TABLE OR OTHER DATA THAT IS NOT VIEWABLE

F. J. McCord and Sutherland & Jones, for appellant. V. B. Harris, W. B. Teagarden, W. H. Britton, and Hart, Britton & Hart, for appellee.

JAMES, C. J.

The court found the following facts: That W. H. Britton owned block 13 in the town of Quitman. He deeded to A. J. Britton a part of the block, "beginning at its N. E. corner; thence south 82 feet; thence west to west boundary line of the block; thence north 82 feet to N. W. corner of the block; thence east with north line of block to place of beginning." This deed was made in pursuance of a desire of A. J. Britton to buy enough of the north end off the block for a residence. At the time the grantor and grantee erroneously arrived at what they believed to be the N. E. corner of the block, the north line and the corner being uncertain at that time, which point was in fact about 18 or 19 feet south of the true corner, and from there they ran off 82 feet. They reached this point by measuring 172 feet from about where the S. E. corner was, but did not measure correctly; hence the mistake. If they had measured 82 feet from the true N. E. corner, enough land would not have been given the grantee to build on, because of a gully at the N. E. corner some 25 feet wide. After the lines were thus run, and deed made, A. J. Britton built a residence near the southeast corner of the land thus arrived at, about 10 or 12 feet from such corner, and a yard fence some 60 or 70 feet long, running from a point 2 feet north of the S. E. corner of the tract so arrived at. Afterwards, on October 2, 1899, W. H. Britton sold to J. P. Parrish the following described land: "All of lots 3 and 4 in block 13, and 45½ feet off the south side of lots 1 and 2 in block 13" — who immediately moved into the house which was on the place. See plat hereto annexed, showing the distance north and south to be 172 feet. According to this deed, the distance called for would carry Williams about 18 feet beyond the fence mentioned, which is the strip in controversy. After W. H. Britton had sold to Parrish, it appears that A. J. Britton sold to W. T. Williams (plaintiff in this action) the land he had...