Texas Supreme Court

Ella Gates v. Pauline Hensel Asher

June 1, 1955154 Tex. 538

Summary

The Texas Supreme Court held that the warranty deed's description, despite the erroneous reference to "Denver Resurvey No. 2," contained sufficient factual clues to identify the conveyed land with reasonable certainty, and therefore affirmed the trial court's judgment on the deed while reversing the Court of Civil Appeals' decision on that issue. The Court also rejected the respondents' claim of undue influence, holding that no presumption applies between a mother and daughter and affirming the lower court's refusal to consider that issue.