Davie v. Terrill
Texas Supreme Court
Appeal from Denton. Tried below before the Hon. C. C. Potter. This was an action of trespass to try title brought in the district court of Denton county, Texas, by the appellant, Wm. Davie, against appellee J. P. Terrill, to recover a tract of four hundred and three acres of land, being the Wm. Gaffield survey in Denton county, Texas. At the spring term, 1883, of said court, trial of the case was had.
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Appeal from Denton. Tried below before the Hon. C. C. Potter. This was an action of trespass to try title brought in the district court of Denton county, Texas, by the appellant, Wm. Davie, against appellee J. P. Terrill, to recover a tract of four hundred and three acres of land, being the Wm. Gaffield survey in Denton county, Texas. At the spring term, 1883, of said court, trial of the case was had. Upon the trial the common source of title of appellant and appellee was proved to be in J. A. Hendrick. Appellant introduced a deed to the land in controversy from J. A. Hendrick to Susan A.…
1Opinion of the Court
Willie, Chief Justice.
The testimony of the witness Williams, excluded by the court, we think was admissible as narrating circumstances tending to show that the order of sale under which the land in controversy was sold had been sent to the sheriff of Denton county. It is not necessary that a witness should have a positive or full recollection of tiie facts to which he testifies, or that he *107should speak with such certainty as to exclude all doubt in his mind. 1 G-reenl. on Ev., § 440.
He may detail circumstances which satisfy his mind of the existence of a fact, and they should be allowed to go…
2Cited by8 opinions
- Southwestern Surety Ins. Co. v. OwensCourt of Appeals of Texas · 1917
- Crosby v. ArdoinCourt of Appeals of Texas · 1912
- Rogers v. RogersTexas Commission of Appeals · 1922
- Texas & Pacific Railway Co. v. CrumpTexas Supreme Court · 1909
- HOUSTON FIRE AND CASUALTY INSURANCE CO. v. HalesCourt of Appeals of Texas · 1955
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