Dikes v. Miller
Texas Supreme Court
Appeal from Gonzales. Tried belowbefore the Hon. Fielding Jones. This was an action of trespass to try title, commenced on the 13th October, 1849, by M. G. Dikes, the appellant, against Allsey S. Miller and Andrew Neill.
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Appeal from Gonzales. Tried belowbefore the Hon. Fielding Jones. This was an action of trespass to try title, commenced on the 13th October, 1849, by M. G. Dikes, the appellant, against Allsey S. Miller and Andrew Neill. The plaintiff claimed title under a grant of one-fourth of a league of land, made by the commissioner of De Witt’s colony, on the 1st day of May, 1831, to Byron Wickson, and conveyed on the 10th of September, 1844, by the said Wickson, by a quit-claim deed, to William W. Arrington, and afterwards by Arrington to the plaintiff; but the said Wickson had, previously to the…
1Opinion of the CourtWheeler, C. J.
We are of opinion, that the defendant, Neill, was not a competent witness for his co-defendant. He had not been dismissed from the suit. Notwithstanding he had filed a disclaimer, that did not release him from liability for costs theretofore incurred, and damages for the alleged trespass. He thought himself disinterested; but it is the fact of interest, and not the opinion of the witness, as to his interest, that determines the question of his competency. (1 Grreenl. Ev. § 387.)
If he had been a competent witness, his oral testimony was not admissible to prove the terms of a tenancy, created…
2Cases cited2 opinions
- Hawkins v. Barney's LesseeSupreme Court of the United States · 1831
- Dikes v. MillerTexas Supreme Court · 1853
3Cited by64 opinions
- F. J. Harrison & Co. v. BoringTexas Supreme Court · 1875
- City of Los Angeles v. AbbottCalifornia Court of Appeal · 1933
- Taylor v. Sanford, AdministratorTexas Supreme Court · 1917
- Turner v. HuntTexas Supreme Court · 1938
- Myers v. CrenshawCourt of Appeals of Texas · 1938
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