Russell v. Oliver
Texas Supreme Court
Appeal from McLennan. Tried below before Hon. Eugene Williams. Suit by Oliver in trespass to try title against Charles Russell and S. M. Swenson for one undivided half of 450 acres of land, patented 28th April, 187.5, to J. B. Tong, by virtue of his donation warrant No. 539. ' Defendant pleaded not guilty.
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Appeal from McLennan. Tried below before Hon. Eugene Williams. Suit by Oliver in trespass to try title against Charles Russell and S. M. Swenson for one undivided half of 450 acres of land, patented 28th April, 187.5, to J. B. Tong, by virtue of his donation warrant No. 539. ' Defendant pleaded not guilty. Plaintiff read in evidence the patent to Tong; certified copy of the will of J. B. Tong in favor of his wife Rhoda Tong, dated November 16,1843, from the records of Montgomery County, Texas, witnessed by John McCreary, Thomas W. Hoy, and Harvey N. Spillers. Proof that J. B. Tong was dead;…
1Opinion of the Court
COLLARD, Judge.
The first assignment of error is, “ The court erred in admitting in evidence the certified copy of the will of John B. Tong for the reasons urged against it as shown in bill of exceptions.”
The objections were, “ Because the proof taken of the witnesses T. W. Hoy and Harvey K. Spillers, purporting to be subscribing witnesses, was not shown to be taken before any person authorized to take the oath of said parties as witnesses, the same appearing to have been sworn to before W. H. Fowler, who styled himself £ Oik. P. C. M. C.,’ without attesting his act by any seal; and for the…
2Cases cited2 opinions
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