Gilder v. City of Brenham
Texas Supreme Court
Appeal from. Washington. Tried below before the Hon. I. B. McFarland. Trespass to try title and for damages, brought by the appellant M. E. Gilder, administratrix of A. J. Gilder, deceased, as plaintiff, against the City of Brenham and Frank Harvin, the city marshal, appellee, as defendants, to recover the title and possession of a certain lot in said city, and to restrain the defendants from interfering with plaintiff’s possession thereof, and for damages for her eviction…
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Appeal from. Washington. Tried below before the Hon. I. B. McFarland. Trespass to try title and for damages, brought by the appellant M. E. Gilder, administratrix of A. J. Gilder, deceased, as plaintiff, against the City of Brenham and Frank Harvin, the city marshal, appellee, as defendants, to recover the title and possession of a certain lot in said city, and to restrain the defendants from interfering with plaintiff’s possession thereof, and for damages for her eviction therefrom. The case was tried by the judge without a jury and resulted in a judgment for the defendants; from which the…
1Opinion of the Court
Gaines, Associate Justice.
We do not think the court below erred in admitting the witness Dwyer to testify, over appellant’s objection, as to conversations which occurred between him and appellant’s intestate in regard to the dedication to the purposes of a street of the premises in controversy. The Revised Statutes, in Article 2246, re-enact the first section of the Act of May 10, 1871, which removed the restrictions against receiving the testimony of the parties to the suit, and of persons interested in the issue to be tried. The effect of Article 2248 is to except from the operation of the…
2Cases cited3 opinions
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- President & Trustees of the Town v. MappinIllinois Supreme Court · 1852
3Cited by58 opinions
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- O'CONNOR v. GraggTexas Supreme Court · 1960
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