Graham v. Henry
Texas Supreme Court
Appeal from Henderson. Tried below before the Hon. John H. Reagan. Suit commenced Sept. 11th, 1851, by the appellee against appellants, to recover a tract of land.
Read the full summary
Appeal from Henderson. Tried below before the Hon. John H. Reagan. Suit commenced Sept. 11th, 1851, by the appellee against appellants, to recover a tract of land. The plaiptiff alleged in his petition, that on the 6th day of July, 1838, in the county of Nacogdoches, there was issued to plaintiff by the Board, of Land Commissioners of the county of Nacogdoches, a conditional certificate for twelve'hundred and eighty acres of land ; and that on the 27th day of September, in same year, one John S. Thorn, who was also made a defendant, fraudulently caused plaintiff to become intoxicated, with…
1Opinion of the CourtWheeler, J.
The original assignment from the plaintiff to Thorn, being upon the back of the conditional certificate in the General Land Office, so that the defendant could not procure it, the affidavit of the fact would seem a compliance with the - statute, which provides for the admission of a certified copy. (Dig. Art. 745 ; 11 Tex. R. 235 ; 12 Id. 534. But the making of the assignment was expressly averred in the petition, and though thereby rendered admissible, there was no necessity for the defendant to produce it in evidence. There can never be a necessity to prove matters of fact, which the…
2Cited by21 opinions
- Ogden & Johnson v. BosseTexas Supreme Court · 1894
- Johnson v. NewmanTexas Supreme Court · 1875
- Perry v. SmithTexas Commission of Appeals · 1921
- Merriweather v. KennardTexas Supreme Court · 1874
- Southland Lumber Co. v. BoydTexas Commission of Appeals · 1922
16 more not listed; retrieve them via the Exa API.