Brandon v. McNelly
Texas Supreme Court
Appeal from Denton. Tried below before the Hon. C. C. Binekley. Carrie McHelly joined with her husband, Leander MeHelly, brought an action of trespass to try title against J. B. Brandon for 640 acres of land patented to John Cheek.
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Appeal from Denton. Tried below before the Hon. C. C. Binekley. Carrie McHelly joined with her husband, Leander MeHelly, brought an action of trespass to try title against J. B. Brandon for 640 acres of land patented to John Cheek. It was alleged and proved that Carrie MeUelly was the only child of John Cheek, who died in 1848, and that she intermarried with Leander McEelly in 1865. The defendant pleaded three, five, and ten years’ limitation, and that the wife of John Cheek survived him; and claimed that upon the pleadings and evidence the plaintiff was entitled to but one-half of the tract.…
1Opinion of the Court
Moore, Associate Justice.
It has been repeatedly de-
cided by this court that a party is not entitled, if objection is made to its introduction, to use a deposition taken and filed by his adversary when he has failed to propound cross interrogatories to the witness, (Norvell v. Oury, 13 Tex., 31; Harris v. Leavitt, 16 Tex., 340; Town of Refugio v. Byrne, 25 Tex., 193.)
The fact of a deposition of another witness taken by the same officer, on interrogatories propounded in common to two witnesses, having been read by the party at whose in*78stance it was taken, does not vary the rule, though, for…
2Cases cited3 opinions
- Norvell v. OuryTexas Supreme Court · 1854
- Town of Refugio v. ByrneTexas Supreme Court · 1860
- Harris v. LeavittTexas Supreme Court · 1856