Hardin v. Hardin
Texas Supreme Court
Appeal from Hood Tried below before the Hon. Charles Soward. Suit instituted by the appellant, Mary T. Hardin, against the appellee, Milton A. Hardin, for partition of a tract of land situated in Hood county, granted to Milton A. Hardin on the fifth day of February, 1855. The patent was granted by virtue of augmentation certificate Ho. 100, issued to M. A. Hardin for two-thirds of a league and labor, by the board of land commissioners of Liberty county, upon proof that he…
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Appeal from Hood Tried below before the Hon. Charles Soward. Suit instituted by the appellant, Mary T. Hardin, against the appellee, Milton A. Hardin, for partition of a tract of land situated in Hood county, granted to Milton A. Hardin on the fifth day of February, 1855. The patent was granted by virtue of augmentation certificate Ho. 100, issued to M. A. Hardin for two-thirds of a league and labor, by the board of land commissioners of Liberty county, upon proof that he had married since his headright for one-third of one league had been issued. The other defendant, Lazenby, was sued for…
1Opinion of the CourtMcAdoo, J.
We will not pretend to discuss and de-
termine all of the alleged errors committed by the court below, in the bills of exceptions and the assignment of errors. A single error, that set out in the fourth assignment, permitting the ex parte statements of the defendant, M. A. Hardin, as testified to by the witnesses, to go to the jury, must reverse the case. These statements were mere hearsay evidence, and should have been excluded.
We think, also, that the fifth assignment of error is well taken. The copy of the original certificate on which the patent issued to the land in controversy, and all…
2Cases cited1 opinion
- McGowen v. BushTexas Supreme Court · 1856
3Cited by5 opinions
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- Scott v. ScottCourt of Appeals of Texas · 1938
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