Fulton v. Bayne
Texas Supreme Court
Appeal from Brazos. Tried below before the Hon. R. E. B. Baylor. Action of trespass to try title, commenced March 10th, 1846, by appellant against appellee. There was a statement of facts, showing that at the trial the plaintiff offered his title in evidence, that it was rejected, and that no other evidence was offered.
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Appeal from Brazos. Tried below before the Hon. R. E. B. Baylor. Action of trespass to try title, commenced March 10th, 1846, by appellant against appellee. There was a statement of facts, showing that at the trial the plaintiff offered his title in evidence, that it was rejected, and that no other evidence was offered. The trial was at the Spring Term, 1852. Bill of exceptions by the plaintiff to the exclusion of his title, showing that he offered in evidence the original Spanish title and a translation thereof, “ to the competency and admissibility of “ which original title and translation,…
1Opinion of the CourtWheeler, J.
It does not appear by the bill of exceptions, or otherwise by the record, on account of what objection, or on what ground, the plaintiff’s evidence of title was excluded. It was the original testimonio, which appeared to have been duly probated for record in 1838. The objection to its admission in evidence appears to have been general; and as the bill of exceptions discloses no objection to the mode of its authentication or proof, and assigns no reason for its exclusion, we must suppose it was on the ground of its incompetency or insufficiency to prove title in the plaintiff.
But two grounds…
2Cited by3 opinions
- Smith v. TaylorTexas Supreme Court · 1871
- Arrington v. McDanielCourt of Appeals of Texas · 1928
- Pennington v. SchwartzTexas Supreme Court · 1888