Vandergriff v. Piercy
Texas Supreme Court
Appeal from, Parker. Tried below before the Hon. A. J. Hood. F. A. Piercy, a lady who brought this suit in order to get in the 'testimony of the contents of deeds alleged to be lost, made an affidavit that they were in existence and had been recorded, but they and the records were destroyed by fire in the court-house when it was burned; that she had tried diligently to find them, and could not, “ therefore she says they are destroyed or lost.”
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Appeal from, Parker. Tried below before the Hon. A. J. Hood. F. A. Piercy, a lady who brought this suit in order to get in the 'testimony of the contents of deeds alleged to be lost, made an affidavit that they were in existence and had been recorded, but they and the records were destroyed by fire in the court-house when it was burned; that she had tried diligently to find them, and could not, “ therefore she says they are destroyed or lost.” She stated no diligence in search for the lost deeds, and the clerk when the fire occurred was not produced, or his absence accounted for.
1Opinion of the Court
West, Associate Justice. —
Where it is proposed to prove the existence and'contents of a lost deed under the rule of evidence, as declared in our statute, certified copies constitute original evidence, if the requirements of the law are complied with. R. S., art. 2257.
In this case, where it is proposed to prove by parol evidence the existence, loss and contents of certain original deeds outside of the statute, the rules of evidence at common law and in equity govern, and they must be complied with. R. S., art. 2245.
There must be shown, in cases where it is necessary, that there has been a…
2Cases cited5 opinions
- Crayton v. MungerTexas Supreme Court · 1852
- Hooper v. HallTexas Supreme Court · 1867
- Butler v. DunaganTexas Supreme Court · 1857
- Bateman v. BatemanTexas Supreme Court · 1856
- Towner v. SayreTexas Supreme Court · 1849
3Cited by3 opinions
- Hunter, Evans & Co. v. LaniusTexas Supreme Court · 1892
- Massie v. HutchesonCourt of Appeals of Texas · 1927
- Miller-Vidor Lumber Co. v. SchreiberCourt of Appeals of Texas · 1930