Olive v. Bevil
Texas Supreme Court
Appeal from Bastrop. Tried below before the Hon. J. P. Richardson. Appellant brought this suit March 5, 1875, against appellees, to recover seven hundred acres of land out of the one-third of a league patented to Cunningham, as assignee of Dempsey Pace; the patent bore date the 26th day of September, A. D. 1845. The deed from Cunningham to appellant was dated 8th day of June, 1847. The petition contained the usual allegations in trespass to try title, and in addition alleged…
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Appeal from Bastrop. Tried below before the Hon. J. P. Richardson. Appellant brought this suit March 5, 1875, against appellees, to recover seven hundred acres of land out of the one-third of a league patented to Cunningham, as assignee of Dempsey Pace; the patent bore date the 26th day of September, A. D. 1845. The deed from Cunningham to appellant was dated 8th day of June, 1847. The petition contained the usual allegations in trespass to try title, and in addition alleged that the appellees were setting up a pretended claim to the land by virtue of a deed from Cunningham to appellee, Mrs.…
1Opinion of the Court
Watts, J. Com. App.
At the time of the trial the appellees filed the affidavit of Bevil, as to the loss of the transfer from Goodwin to Dunbar of the seven hundred acre interest in the certificate. It is insisted that the affidavit was not sufficient to authorize the introduction of parol evidence of the existence, contents and loss of that instrument, and that the court erred in admitting such evidence over the objections of appellant.
The statute referred to in the argument has respect solely to the introduction of copies of recorded instruments without the necessity of proving their…
2Cases cited2 opinions
- Cochrane v. FarisTexas Supreme Court · 1857
- Horton v. CrawfordTexas Supreme Court · 1853
3Cited by5 opinions
- Hutto v. CookTexas Supreme Court · 1942
- McLavy v. JonesCourt of Appeals of Texas · 1903
- Griswold v. ComerCourt of Appeals of Texas · 1913
- Salinas v. GutierrezCourt of Appeals of Texas · 1960
- Griswold v. ComerCourt of Appeals of Texas · 1913