Dull v. Blum (68 Tex. 299, 1887)

Gaines, Associate Justice.

John G. Foster, being the owner of the upper half of a survey of two-thirds of a league of land,' on the twenty-seventh day of March, 1861,» executed and delivered to S. A. Fairchild an instrument in form a deed, by which he purported to convey to the grantee three hundred and twenty acres of the tract, to be taken in a rectangular shape out of any one of its four corners which Fairchild should select. It was also provided in the instrument that, in the event that Fairchild became dissatisfied with the premises, Foster was to “receive back the same,”