132 S.W.2d 146 | Tex. App. | 1939
This is the second appeal of this case. The facts and issues are the same in all material respects as on the former appeal and we refer to the opinion of Chief Justice Walker reported as Jasper State Bank v. Goodrich, Tex. Civ. App.
One new matter is presented. Appellant contends that the trial court erred in permitting introduction of the testimony of defendant on cross examination wherein he stated he owned an undivided two-thirds interest in the 440-acre tract and that he intended the deed of trust to cover what he owned in the tract. Appellant's contention is that only written evidence, the records and muniments of title, was admissible to show what land the defendant owned and that admission of oral testimony was in violation of the statute of frauds. Vernon's Ann.Civ.St. art. 3995. The contention is overruled. This suit does not involve the question of defendant's title, but merely the matter of what land he meant to describe in the deed of trust. Under the facts, his oral testimony as to what land he claimed in the 440-acre tract in question at the time the deed of trust was executed was admissible on that issue, in aid of the written description set forth in the instrument.
The judgment of the trial court is affirmed.