Bingham v. Boles

2 Citing cases

  1. Gomez v. Garcia

    No. 04-10-00847-CV (Tex. App. Feb. 15, 2012)

    Judgments by trial courts in trespass to try title suits must be described with reasonable care and certainty. J. P. Bingham v. Boles, 458 S.W.2d 99, 100 (Tex. Civ. App.—El Paso 1970, writ ref'd n.r.e.). "A judgment using a description that is uncertain in its terms and that cannot be made certain by reference to the pleadings in the case or to other extrinsic evidence is fatally defective."

  2. Henderson v. Priest

    591 S.W.2d 635 (Tex. Civ. App. 1979)   Cited 4 times

    Appellant relies on several cases to support his contention that the decree is without a definite description and therefore void as a conveyance of the property in controversy. E. g., Bingham v. Boles, 458 S.W.2d 99 (Tex.Civ.App. El Paso 1970, writ ref'd n. r. e.); Burrage v. Hunt Production Co., 114 S.W.2d 1228 (Tex.Civ.App. Dallas 1938, writ dism'd). In our case, unlike those cited, the decree has been shown by extrinsic evidence to apply to a definite tract of land.