Testard v. Butler

UEILL, Associate Justice.

This suit was brought by the appellee against appellants to cancel a certain deed made by her to appellant, Christine Simmang, upon the ground that said deed was procured from her by false and fraudulent representations.

Upon the trial of the cause before a jury a judgment was rendered in her favor cancelling said deed, and from the judgment this appeal is prosecuted.

A motion was made by appellants to exclude the depositions of certain witnesses whose testimony was material to establish plaintiff’s cause of action upon the ground that the notary public who took said…