Ragsdale v. Mays
Ragsdale v. Mays
Opinion of the Court
Only one question in this case demands our attention, which is: Did the contract sued on describe, with sufficient certainty, the land which the appellee bound herself to convey? The language of the .description is: My interest in my lands in Lavaca county and also that in Uvalde county.
The natural and ordinary meaning of the term “interest in lands,” includes the entire right held in them. A person does not divest himself of his interest in property who still retains in it any right whatever. Hence the conveyance of one’s interest, without qualification, carries with it all the right of the grantor.
We think the language used in the contract can be construed to mean nothing else but the entire interest of the appellee in lands lying in the counties of Lavaca and Uvalde. Parol evidence is not needed to show that any other or less interest was intended to be conveyed. Indeed, if admitted for such purpose, it would vary and contradict the usual and legal meaning of the terms employed. Certainty to a common intent is all that is required in agreements to convey land. Brown v. Batchelor, 1 H. & N. 255; White v. Hamma.n 54 Ill. 243; and this degree of certainty at least is found in the description of the lands contained in the present contract. We therefore conclude that the present contract was sufficiently certain to found upon it the present action for specific performance. The court being enabled to ascertain from the face of the writing that the whole interest of the appellee in the counties mentioned was to be conveyed, it was authorized to go outside of the contract to ascertain what was
The interest in the lands in this case having been stated in the contract with sufficient certainty, we think the court erred in sustaining a demurrer to the petition, and for this error the judgment must be reversed and the cause remanded.
Reversed and Remanded.
[Opinion delivered January 12, 1885.]
Reference
- Full Case Name
- S. P. Ragsdale v. Mary Mays
- Cited By
- 22 cases
- Status
- Published
- Syllabus
- 1. Contract for conveyance of land — “ Interest in lands,” meaning of phrase—Parol evidence—The natural and ordinary meaning of the phrase “ interest in lands ” includes the entire right held in them, and the conveyance of one’s interest in land, without qualification, will be construed to carry with it all the rights of the grantor therein, which cannot be varied or contradicted by parol evidence. 2. Same—Certainty to a common intent—Specific performance—Certainty to a common intent is all that is required in an agreement to convey land, and a contract whereby one person agrees to convey his interest in his lands in certain counties therein specified, to another, possesses that degree of certainty, and is sufficient to support a suit for specific performance. 3. Same—Extraneous evidence—Where the court is able to ascertain, from the face of the writing, that the whole interest of the grantor was intended to be conveyed, it may go outside of the contract, to ascertain the actual extent of that interest. 6. Same—Case distinguished—This case distinguished from that of Jones v. Carver, 59 Tex. 293.