Mapes v. Leal's Heirs
Texas Supreme Court
Appeal from Victoria. Tried below before the Hon. Fielding -Jones. Valente Perez and the other minor heirs of Francisco Leal, deceased, by Alexis Perez their father and guardian, brought this action of trespass to try title, to the Spring Term, 1857, of the District Court of Live Oak county, for the purpose of recovering from Samuel Mapes, Bridget Bowers and Frances B. Bowers, one league and labor of land.
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Appeal from Victoria. Tried below before the Hon. Fielding -Jones. Valente Perez and the other minor heirs of Francisco Leal, deceased, by Alexis Perez their father and guardian, brought this action of trespass to try title, to the Spring Term, 1857, of the District Court of Live Oak county, for the purpose of recovering from Samuel Mapes, Bridget Bowers and Frances B. Bowers, one league and labor of land. On account of a disqualifying interest of the judge presiding, who had been of counsel m the cause, the venue was changed at .the Spring Term, 1858, to the county of Victoria. The defendant…
1Opinion of the CourtMoore, J.
The court below did not err in excluding from the jury, the paper offered by the appellants as an hipotica especial by Francisco Leal, the grantee of the land in controversy, to John Turner. The execution of the instrument was not proved, nor were such facts in connection With it shown as authorized its admission as evidence upon the presumption of its due execution. It having been shown that the grantor and subscribing witnesses were dead, it would have been sufficient to have admitted the instrument in evidence, to have proved the hand-writing of the grantor, or one of the witnesses. (1…
2Cited by9 opinions
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