Stramler v. Coe
Texas Supreme Court
Appeal from Washington. Action of trespass to try title, by Elizabeth Coe, executrix of P. H. Coe, against Reuben Stramler. The plaintiff gave in evidence a certified copy of a bond for title from James Price to P. H. Coe, dated September 17tht 1835, for the land in controversy.
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Appeal from Washington. Action of trespass to try title, by Elizabeth Coe, executrix of P. H. Coe, against Reuben Stramler. The plaintiff gave in evidence a certified copy of a bond for title from James Price to P. H. Coe, dated September 17tht 1835, for the land in controversy. The bond did not recite any consideration; was witnessed by three witnesses; was proved for record on the 28th of September, 1845, by one of the subscribing witnesses, who had made his mark, the certificate being that the witness “ made oath to the best of his “ knowledge and belief he signed the same as a witness,…
1Opinion of the Court
Hemphill, Ch. J.
A sufficient answer to the assigned error, in admitting the testimony of Hensley and Clemons, is, that the evidence was received without objection, and consequently could not now be the subject of exception. But there was in fact no error in admitting the evidence; for, where no consideration is expressed in a deed, the true one may be proved. (Cowen & Hill’s Notes, Part 2nd, n. 289, referring to 1 Penn. R. 486 ; 15 Mass. R. 85, &c.)
The second assignment is, that the Court erred in permitting the bond from James Price to P. H. Coe to be read in O evidence. On the trial, a copy…
2Cases cited1 opinion
- Davenport v. MasonMassachusetts Supreme Judicial Court · 1818
3Cited by48 opinions
- Hopkins v. BaconSupreme Court of the United States · 1930
- Martin v. McAllisterTexas Supreme Court · 1901
- Stone v. JacksonTexas Supreme Court · 1919
- Volunteer State Life Insurance v. HardinTexas Supreme Court · 1946
- Martin v. MoranCourt of Appeals of Texas · 1895
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