Thompson v. Herring
Texas Supreme Court
Appeal from Bell. Tried below before the Hon. N. W. Battle. This suit was brought by the appellee against B. J. Thompson and B. J. Lewis, for -the purpose of removing clouds from the title to and obtaining possession of a tract of 738 acres of land in Bell county, claimed by the plaintiff.
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Appeal from Bell. Tried below before the Hon. N. W. Battle. This suit was brought by the appellee against B. J. Thompson and B. J. Lewis, for -the purpose of removing clouds from the title to and obtaining possession of a tract of 738 acres of land in Bell county, claimed by the plaintiff. The plaintiff alleged that a conveyance of the land in controversy, made on the 24th of December, 1856, by the defendant Lewis to the defendant Thompson, and also a certain other conveyance made by one B. C. Drury to the defendant Thompson, were fraudulent and void, but constituted clouds upon the title of…
1Opinion of the CourtMoore, J.
The judgment in this case must be reversed. The ruling of the court in admitting the declarations of Lewis after his conveyance to Thompson, for the purpose of showing fraud on the part of Thompson, was clearly erroneous. It is perfectly well settled that the declarations of a party not in possession, after he has parted with the title, can not be received for any purpose against his vendee. He cannot, by his declarations or admissions, affect or disparage the title of his vendee. Such testimony is clearly hearsay.
The objection to the examination of M. D. Herring on the issues involved in the…
2Cited by7 opinions
- Beville v. JonesTexas Supreme Court · 1889
- Earl v. MundyCourt of Appeals of Texas · 1921
- Smith v. GillumTexas Supreme Court · 1891
- Sanger v. Jesse French Piano & Organ Co.Court of Appeals of Texas · 1899
- Kincheloe v. KincheloeCourt of Appeals of Texas · 1941
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