Coryell v. Holmes
Texas Commission of Appeals
Appeal from Galveston county. Opinion by Quinan, J. Statement.— This was an action of trespass to try title by appellant to recover the southwest quarter of out-lot 13, in the city and county of Galveston, and the only question made by the record, and which is assigned as error by appellant, was the ruling of the court below in excluding the deed from Antonio Officers to J. Bump, because it was not entitled to record without being witnessed by two witnesses.
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Appeal from Galveston county. Opinion by Quinan, J. Statement.— This was an action of trespass to try title by appellant to recover the southwest quarter of out-lot 13, in the city and county of Galveston, and the only question made by the record, and which is assigned as error by appellant, was the ruling of the court below in excluding the deed from Antonio Officers to J. Bump, because it was not entitled to record without being witnessed by two witnesses. On the trial below a jury was waived and the case submitted to the court. By agreement of counsel both parties deraigned title from a…
1Opinion of the Court
Opinion.—To determine the question presented it will be proper to review our statutes upon the subject of registration before and at the time when this instrument was recorded. The first act passed by the Bepublic of Texas, changing the rule in the conveyance of land, is found in the act of December 20, 1836, entitled “An act organizing the inferior courts and .defining the powers and jurisdiction of the same.” The thirty-fifth, thirty-eighth and fortieth sections of said act are as follows:
“ Sec. 35. The clerks of the county courts shall b.e the *667recorders for their respective counties, and…
2Cases cited5 opinions
- Masten v. DeyoNew York Supreme Court · 1829
- Butler v. DunaganTexas Supreme Court · 1857
- Meuley v. ZeiglerTexas Supreme Court · 1859
- Long v. RamsaySupreme Court of Pennsylvania · 1814
- Ross v. WorthingtonSupreme Court of Minnesota · 1866
3Cited by1 opinion
- Mitchell v. StantonCourt of Appeals of Texas · 1911