McDuffie v. Greenway
Texas Supreme Court
Appeal from Victoria. Tried below before the Hon. Fielding Jones. This was a suit to try the right of property in a wagon, two yoke of oxen, and a horse, levied on under an execution in favor of the appellee, E. M. Greenway, against N. K. McDuffie, and claimed by his wife, E. A. McDuffie, the appellant, as her separate property.
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Appeal from Victoria. Tried below before the Hon. Fielding Jones. This was a suit to try the right of property in a wagon, two yoke of oxen, and a horse, levied on under an execution in favor of the appellee, E. M. Greenway, against N. K. McDuffie, and claimed by his wife, E. A. McDuffie, the appellant, as her separate property. The return of the officer did not state in whose possession the „ property was found at the time' of the levy, nor did the statement of facts show what evidence was offered as to this point; but from a bill of exceptions taken by the claimant, to the ruling of the…
1Opinion of the CourtRoberts, J.
We are of opinion that the evidence submittéd to the jury, warranted the verdict. There are numerous objections to the rulings of the court in excluding the evidence offered by the claimant, which we think were not well taken.
The contract of marriage was not shown to be recorded in this state, so as to be admitted in evidence; nor was it proper to establish it by the testimony of the witness, having reference to a copy, instead of the original; nor was the copy so authenticated and filed, as to entitle it to be given in evidence.
The husband was not a competent witness to establish the…
2Cited by3 opinions
- Collins v. MackSupreme Court of Arkansas · 1877
- Houx v. ShawMissouri Court of Appeals · 1885
- Carney v. T. W. Marse Co.Court of Appeals of Texas · 1926