by John Marshall Harlan

“ On the contrary, every reasonable inducement will be made in their favor, so as to secure, if it can be done consistently with legal rules, the object they were intended to accomplish.' And we do not understand that any different rule prevails in Texas. In Kingston v. Pickins, 46 Tex. 99, 101, the court says: 'The construction of a deed, being a matter of law, is for the court. ”

“ The amount of land, the number of acres, being different in the deed from that in the patent, you are only to consider as a circumstance, in connection with all the other proof in your inquiry, as to whether the description in the marshal's deed does describe either one of the two James Stewart surveys. The burden is on the plaintiff. You must be satisfied from the proof given that No. 379, the western Stewart grant, is the land described in the marshal's deed before you can find for the plaintiff. ”

“ After the evidence on both sides was concluded, but before the final submission of the case to the jury, the court stated its view of the law to be that, as no proof had been offered of any act or assertion of ownership under the deed from the heirs of James Stewart to De Cordova, that deed could not be read as an ancient document ”

“ He claimed under De Cordova, by virtue of the marshal's deed conveying all his right, title, and interest in the lands in dispute. The plaintiff introduced the deed from De Cordova's administrator to Cox for the purpose of showing a common source of title with with the defendants. The defendants introduced the same deed without disclaiming the title conveyed by it, for the purpose, the bill of exception distinctly states, (and this court must accept that statement as conclusive,) of showing title in themselves, as well as good faith in making improvements ”

“ The statute, so construed, gives a possessor in good faith, who has made valuable improvements, all that he is equitably entitled to demand.
There are no other questions in the case involving the substantial rights of the defendants, or that we deem it necessary to notice in this opinion. We find no error in the judgment, and it must he affirmed.
Notes
↑ In 2 Sayles' Civil St. Tex. p. 636, and in some of the decisions of the supreme court of Texas referring to this statute, this word is 'claim;' but the original act of September 28, 1871, used the word 'chain.' Laws Tex. 1871, p. 3. ”

“ St. Tex. art. 2257, p. 330.
The only affidavit in the record was that of Tinsley, filed in support of the application for a continuance. It may well be doubted whether that was such an affidavit as the statute requires in order to impeach a deed. It was not filed for the specific purpose of attacking the genuineness of the deed of 1854 when it should be offered in evidence, but only to obtain a postponement of the trial. There is ground for holding that after being used for that purpose the affidavit had fully performed its functions, and could not be regarded further as attacking that deed. ”