69 Tex. 32 | Tex. | 1887
It is clear that appellees could only prescribe under the deed from Foote to Lightner, as the evidence shows that the deed from Lightner to McKechnie, which was for
It is apparent that section or survey 944 could not embrace the same land as section or survey 941. This was sought to be obviated on the trial by proving that there was no survey in Tom Green county in the name of Fredrick Bodenstein, except survey Ho. 941; this ruling is attempted to be sustained in this court on the familiar principle that parol evidence is admissible to explain a latent ambiguity. It is believed that this principle should be confined to parties to an instrument and those elaim-
We think that the court erred in admitting the evidence of the witness Foote, and also in admitting the deed objected to, hnd conclude that the case should be reversed and remanded.
Reversed and remanded.
Opinion adopted November 1, 1887.