Simpson v. Brotherton
Texas Supreme Court
Appeal from Fannin. Tried below before the Hon. R. R. Gaines. Suit brought by appellee to recover an interest in land which he claimed by virtue of its having been acquired in a land certificate located on the land, the interest in which was obtained when he was married to his wife. The admission of her testimony to transactions with, and statements by, John Brotherton, deceased, in this suit against his legal representatives was objected to.
1Opinion of the Court
Willie, Chief Justice.
The facts which Mrs. Brotherton was called upon to prove were such as could not have been testified to by any of the parties to the suit. But it is contended that Mrs. Brotherton was not a party to the proceedings, and hence the rule by which such evidence is excluded did not apply to her. It is true that her name does not appear among the parties to the proceedings, but her husband’s name does, and as such party he was representing the community interests of himself and wife.
The object of the suit brought by the husband was to secure for the community estate a tract of…
2Cases cited3 opinions
- Hodde v. SusanTexas Supreme Court · 1883
- Runnels v. BeldenTexas Supreme Court · 1879
- Swinney, Green & Co. v. BoothTexas Supreme Court · 1866
3Cited by52 opinions
- Newton v. NewtonTexas Supreme Court · 1890
- James v. JamesTexas Supreme Court · 1891
- Ragsdale v. RagsdaleTexas Supreme Court · 1944
- Gilder v. City of BrenhamTexas Supreme Court · 1887
- Houston & Texas Central Railway Co. v. TerrellTexas Supreme Court · 1888
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