Schramm v. Gentry
Texas Supreme Court
Appeal from Comal. Tried below before the Hon. T. M. Paschal. August 26, 1882, appellees brought this suit against appellants and others to recover the land described in the petition. The other defendants failing to answer, judgment by default was taken against them, but appellants answered by plea of not guilty. On December 8, 1882, the cause was tried, resulting in a judgment for appellees.
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Appeal from Comal. Tried below before the Hon. T. M. Paschal. August 26, 1882, appellees brought this suit against appellants and others to recover the land described in the petition. The other defendants failing to answer, judgment by default was taken against them, but appellants answered by plea of not guilty. On December 8, 1882, the cause was tried, resulting in a judgment for appellees. The points made by the assignment of errors, and relied upon for reversal, are stated in the opinion.
1Opinion of the Court
Watts, J. Com. App.
Two objections were interposed to the admission of the deed from C. R. Gentry to appellee Mrs. Gentry as a recorded instrument: first, that the certificate of acknowledgment was defective in failing to state that Gentry was known to the officer as the person who signed the deed; secondly, that the certificate of acknowledgment was not written upon the deed, but was upon a printed form which was pasted upon the deed.
Our statute declares that “ Ho acknowledgment of any instrument of writing shall be taken, unless the officer taking it knows or has satisfactory evidence on the…
2Cited by4 opinions
- Schleicher, Admr. v. GatlinTexas Supreme Court · 1892
- Zimpleman v. StampsCourt of Appeals of Texas · 1899
- S S Kresge Co. v. ButteJefferson County Court of Common Pleas · 1937
- Untitled Texas Attorney General Opinion, Texas Attorney General Reports1943