holding that deed that conveyed all of a tract "now owned by grantors" conveyed only that which grantors then owned
How later courts described this case
- holding that deed that conveyed all of a tract "now owned by grantors" conveyed only that which grantors then owned
- lessor permitted to recover rent stipulated in oral lease for more than one year
- oral agreement to lease property for more than one year enforceable where lessee accepted the benefit of the possession of the land
- “SAVE AND EXCEPT, however, that the grantors herein expressly reserve . . . .”
Written by the judges who cited it.
The opinion
WALKER, Justice
(dissenting).
In my opinion a purported reservation in a deed should not be held to vest in the grantor an interest in land previously owned by the grantee unless the language of the instrument is so plain as to admit no other construction. I would affirm the judgment of the Court of Civil Appeals as to the effect of the conveyance in this case, although I agree that petitioner is entitled ■to recover accrued rent for the years respondent occupied the property to the extent that her claim therefor is not barred by limitation.
NORVELL and GREENHILL, JJ., join in this dissent.