Herndon v. Casiano
Texas Supreme Court
Appeal from Bexar. The appellant brought suit to recover from the appellee a league of land, claimed by the former, by virtue of a headlight certilicate, located in October, 1847. The defendant claimed the land under an ancient Spanish grant to one Louis Mencliaca, and by legal mesne conveyances.
Read the full summary
Appeal from Bexar. The appellant brought suit to recover from the appellee a league of land, claimed by the former, by virtue of a headlight certilicate, located in October, 1847. The defendant claimed the land under an ancient Spanish grant to one Louis Mencliaca, and by legal mesne conveyances. In his answer, he averred that Mencliaca and those claiming under him were in possession of the land for about ninety years, using and enjoying it for the purposes of agriculture and grazing; that the title was iu the defendant; and that the locations of the plaintiff upon it constituted a cloud over…
1Opinion of the CourtWheeler, J.
1. We are of opinion that document B was admissible in evidence. It was tiie original testimonio, proved to bo tiie same which had been formerly kept among the public archives: Its removal from the proper custody is satisfactorily accounted for, and its identity proved. No suspicion is cast upon its genuineness; and, under tiie circumstances, the fact that it did not come directly from the proper custody is not regarded as an objection to its admissibility. (1 Greenl. Ev., secs. 142, 570.) It emanated from a now foreign tribunal, where tiie protocol remains, beyond the control of the parties…
2Cited by11 opinions
- Hatchett v. ConnerTexas Supreme Court · 1867
- Smith v. PowerTexas Supreme Court · 1859
- Houston v. BlytheTexas Supreme Court · 1883
- French v. StrumbergTexas Supreme Court · 1879
- Estate Jones v. NealCourt of Appeals of Texas · 1906
6 more not listed; retrieve them via the Exa API.