Read v. Allen
Texas Supreme Court
Appeal from Houston. Tried below before the Hon. John R. Kennard. Trespass to try title brought August 5, 1880, by appellant against appellee and Jos. Caffey, for one hundred and sixty and one-half acres of land, part of the John Welsh league. Caffey disclaimed except as tenant of appellee. Appellee pleaded not guilty, and in. reconvention for the land and for rents.
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Appeal from Houston. Tried below before the Hon. John R. Kennard. Trespass to try title brought August 5, 1880, by appellant against appellee and Jos. Caffey, for one hundred and sixty and one-half acres of land, part of the John Welsh league. Caffey disclaimed except as tenant of appellee. Appellee pleaded not guilty, and in. reconvention for the land and for rents. Appellant by supplemental petition pleaded limitations of three, five and ten years, and improvements in good faith. Verdict and judgment for appellant for an undivided half of the land and costs, and for appellee for the other…
1Opinion of the Court
Stayton, Associate Justice.
There was no proof whatever offered to show that the paper once in the possession of the witness, and purporting to be a lease to Ligon, was executed by any of the persons who purported to be parties to it.
The appellant must have known that neither that paper nor proof of its contents, if its loss was sufficiently shown, could be introduced without proof of its execution. He seems to have attempted to take the deposition of a witness to prove that fact, but he knew that the deposition of the witness had not been taken, and relied upon the presence of the witness at…
2Cases cited2 opinions
- Cunningham v. FrandtzenTexas Supreme Court · 1861
- Texas Land Co. v. WilliamsTexas Supreme Court · 1879
3Cited by20 opinions
- Craig v. CartwrightTexas Supreme Court · 1886
- Bowles v. BriceTexas Supreme Court · 1886
- Pharis v. JonesSupreme Court of Missouri · 1894
- Haynes v. T. N. O. R. R. Co.Court of Appeals of Texas · 1908
- Frazier v. Houston Oil Co.Court of Appeals of Texas · 1913
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