Wooten v. Dunlap
Texas Supreme Court
Appeal from Brazos. Tried below beforethe Hon. John Gregg. Suit by appellee against appellants for partition, commenced March 17th, 1853. The petition alleged that plaintiff was the owner of all the interest of Paulina Wooten in and to that portion of the headright league granted by the Government to Thomas J. Wooten, deceased, who was, when in life, the husband of said Paulina, and which interest contains eleven hundred and seven acres, more or less, and to which petitioner…
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Appeal from Brazos. Tried below beforethe Hon. John Gregg. Suit by appellee against appellants for partition, commenced March 17th, 1853. The petition alleged that plaintiff was the owner of all the interest of Paulina Wooten in and to that portion of the headright league granted by the Government to Thomas J. Wooten, deceased, who was, when in life, the husband of said Paulina, and which interest contains eleven hundred and seven acres, more or less, and to which petitioner is entitled by purchase and payment for the same heretofore made in terms of the law; that it was undivided; and that…
1Opinion of the CourtWheeler, J.
It is unnecessary to revise all the errors complained of, as there is one which must be decisive of this appeal. The defendants objected to the admission in evidence of the in*187strament, intended as the Sheriff’s deed, for the cause, among others, that it had not been filed three days before the trial and notice thereof given to the defendants. The objection appears to have been well taken. Such filing and notice were necessary to admit the instrument in evidence under Article 745 of the Digest. The date of the filing is but the day before the rendition of judgment, and no notice appears to…
2Cited by2 opinions
- Johnson v. StickneyCourt of Appeals of Texas · 1941
- Tippett v. MizeTexas Supreme Court · 1867