Cairrell v. Higgs
Texas Commission of Appeals
Appeal from Husk. Tried below before the Hon. A. J. Booty. The appellants brought suit against the appellee J. D. Higgs for the recovery of a tract of four hundred acres of land, and for the rents and use and occupation of the same, alleged in an amended petition to be $1;000. The defendant J. D. Higgs answered, pleading not guilty, and alleging that James E. Higgs (the father of plaintiff Fran cess, under whom plaintiff and defendants both claim), on 7th May, 1858, sold and…
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Appeal from Husk. Tried below before the Hon. A. J. Booty. The appellants brought suit against the appellee J. D. Higgs for the recovery of a tract of four hundred acres of land, and for the rents and use and occupation of the same, alleged in an amended petition to be $1;000. The defendant J. D. Higgs answered, pleading not guilty, and alleging that James E. Higgs (the father of plaintiff Fran cess, under whom plaintiff and defendants both claim), on 7th May, 1858, sold and conveyed the land to M. L. Higgs, the defendant’s wife, by deed of that date, which he files, and that said M. L. Higgs…
1Opinion of the Court
Quinau, J.—
1. As to the proof of the execution of the deed. The effect of the affidavit of Mr. Cairrell, that the deed was a forgery, was simply to put the defendants upon proof of its due execution. That proof must be made by *61the production of the subscribing witnesses, or one of them, if any, if he be living, but if the subscribing witnesses be dead or incompetent to testify, or cannot be procured, and in other like cases, then secondary evidence of its execution is admissible, and this proof is made by proving the handwriting of the subscribing witnesses. Hr. Greenleaf says there are two…
2Cases cited5 opinions
- Millican v. MillicanTexas Supreme Court · 1859
- Melton v. CobbTexas Supreme Court · 1858
- Ragsdale v. RobinsonTexas Supreme Court · 1877
- Gee v. ScottTexas Supreme Court · 1878
- Freeman v. NeylandTexas Supreme Court · 1859
3Cited by2 opinions
- Pitts v. ThompsonCourt of Appeals of Texas · 1934
- Pitts v. ThompsonCourt of Appeals of Texas · 1934