Wiggins v. Fleishel
Texas Supreme Court
Appeal from Smith. Tried below before the Hon. M. H. Bonner. On the 22d day of January, 1877, John M. Wiggins filed a suit in the District Court of Smith county, Texas, against M. L. Fleishel and W. H. Hendrix, as the sureties of one B. K. Smith, on an injunction bond given by Smith in a suit brought by him in the District Court of Smith county, Texas, on the 4th day of February, 1874, against John H. Rowland and Wiggins.
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Appeal from Smith. Tried below before the Hon. M. H. Bonner. On the 22d day of January, 1877, John M. Wiggins filed a suit in the District Court of Smith county, Texas, against M. L. Fleishel and W. H. Hendrix, as the sureties of one B. K. Smith, on an injunction bond given by Smith in a suit brought by him in the District Court of Smith county, Texas, on the 4th day of February, 1874, against John H. Rowland and Wiggins. In this latter suit it was claimed that Rowland and Wiggins were partners in certain saw-mill property in Smith county; that they had dissolved their partnership; that there…
1Opinion of the Court
Moore, Chief Justice.
The court did not err in refusing to admit in evidence the deed of trust from John H. Eowland to appellant, on the bare faith of the certificate of the clerk that the grantor appeared before him and acknowledged its execution and that the deed had been duly recorded. The clerk’s certificate of the grantor’s acknowledgment of the deed is sufficient, under the statute, to admit it to record; and, when duly recorded and filed among the papers of a • case, with proper notice, &c., it is admissible in evidence, without the necessity of proving its execution, on the trial of…
2Cases cited1 opinion
- White v. HollidayTexas Supreme Court · 1858
3Cited by16 opinions
- Texas Land Co. v. WilliamsTexas Supreme Court · 1879
- Morris v. RatliffCourt of Appeals of Texas · 1956
- Ferguson v. FergusonCourt of Appeals of Texas · 1928
- Golin v. StateCourt of Criminal Appeals of Texas · 1897
- French v. GroesbeckCourt of Appeals of Texas · 1894
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