Lacoste v. Odam
Texas Supreme Court
Appeal from Milam. The record in this cause not having reached the hands of the Reporters, a statement of the facts cannot be given. . But as the opinion involves some questions of interest, and indicates the facts to some extent, it is thought advisable to insert the case, even with ■.an incomplete exposition of the facts.
1Opinion of the CourtBell, J.
We are of opinion that the court below erred in giving to the jury the 6th instruction asked by the defendant. The instruction was in the following words: “The jury will determine whether at the time Johnson purchased of Edwards, or Wiggins purchased of Johnson, Phillips and Lacoste’s deed was on record—if it was not duly recorded they will find for the defendant, without reference to the question as to whose title was first recorded.”
The jury had already been told, and properly told, in the 4th instruction asked by the defendant, that the registration by Hood, the judge of the' jurisdiction,…
2Cited by10 opinions
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- Bremer v. CaseTexas Supreme Court · 1883
- Williams v. BennettCourt of Appeals of Texas · 1892
- H. & T. C. R. R. Co. v. ChaffinTexas Supreme Court · 1883
- Armistead v. BenefieldCourt of Appeals of Texas · 1922
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