95 S.W.2d 723 | Tex. App. | 1936
R. P. Allen brought this suit against L. E. Pool in trespass to try title seeking to recover about 3/4 acre of land located in Smith county. The defendant in his answer pleaded not guilty, and by plea of estoppel set up that he purchased from plaintiff two tracts of land, one a tract of 24.49 acres and the other containing 4.57 acres, for a consideration of $4,000; that before the trade was consummated plaintiff went upon the land with defendant and pointed out to him the boundaries of the land and that such boundaries as pointed out by plaintiff included the land sued for herein; and that he, Pool, would not have purchased said land but for such representations. There was ample evidence offered to support this plea. The case was tried before the court without a jury, and resulted in judgment for defendant, denying plaintiff title to the land. From this judgment plaintiff has duly prosecuted this appeal.
Appellant on this appeal contends that the trial court erred in rendering judgment for appellee, since it was admitted on the trial that appellee's deed did not include in the description the 3/4-acre tract of land, and there was no plea of fraud, accident, or mistake which would authorize the court to hear evidence that would contradict the terms of the deed.
The appellee contends that the trial court properly sustained his plea of estoppel, which had the legal effect of denying appellant a recovery of the land. We think appellee's contention must be sustained. In the case of Mars v. Morris,
The judgment of the trial court is affirmed.
