A Treatise on the Laws of Texas Relating to Real Estate (Volume 2); And Actions to Try Title and for Possession of Lands and Tenements

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1892. ... This is the effect of a deed which purports to convey the property, and not the right of the maker of the instrument. On its face it passes an indefeasible title, and gives no notice that there may be some secret claim which may defeat it. The law makes it what it purports to be, a conveyance of a good title to the land, so far as such secret claims are concerned, by forbidding the owner to assert such claim agaiust the purchaser, where the deed has or has not a clause of warranty. This clause forms no part of the conveyance; when the instrument in which it is contained purports to make a full and perfect conveyance of the land described in it, this clause does not strengthen or enlarge the title conveyed. If a grantor conveys no more than his title, the presumption is that he had doubts as to his right to the land, and notice of some opposing claim, and thus expresses that doubt upon the face of the deed. If he conveys the land without restriction as to title, the presumption is that he had and intended to convey as full a title as could be had in the land, and that he had no doubts of his right so to do. The purchaser in each case has notice that he is getting such title as his grantor purports to convey. In the one case, a doubtful title, and he is put upon inquiry as to the claim which casts the doubt upon it; in the other, a full title, and he need make no inquiry upon the subject.3 »Ante, art. 847. Richardson v. Levi, 67 T. 359. Art. 1076. Recitals in chain of title, notice.--Recitals in the chain of title under which possession is held will charge a subsequent purchaser with notice of facts disclosed thereby.1 But such constructive notice does not extend to recitals in deeds prior to an unrecorded mesne conveyance, or to deeds under which the...