Legal Opinion

Witt v. Harlan

Texas Supreme Court

Decided November 9, 1886No. Case No. 2101PublishedCited by 40 opinions

Appeal from Bed Biver. Tried below before the Hon. D. H. Scott. This was an action of trespass to try title. The appeal was taken upon an agreed statement of facts presenting two points. The record of the deed from Bingo to Barnes did not show that the officer taking the acknowledgment of the deed had impressed it with his official seal. A copy of that record was offered in evidence. The facts relating to the other point appear in the opinion of the court.

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Appeal from Bed Biver. Tried below before the Hon. D. H. Scott. This was an action of trespass to try title. The appeal was taken upon an agreed statement of facts presenting two points. The record of the deed from Bingo to Barnes did not show that the officer taking the acknowledgment of the deed had impressed it with his official seal. A copy of that record was offered in evidence. The facts relating to the other point appear in the opinion of the court. The trial resulted in a judgment for plaintiff, Harlan.

1Opinion of the Court

Willie, Chief Justice.

It was not essential to the admission in evidence of the record copy of the deed from Bingo to Barnes, that anything should appear in the copy to represent the seal required to accompany the certificate of acknowledgment. This was settled in Ballard v. Perry, 28 Tex., 347, and is not now an open question.

The deed from Barnes to Harlan, at the very outset, expresses the purpose of Barnes in plain and unmistakable terms. It was to convey the one undivided half of all the lands the grantor owned in Texas. The language is “do hereby bargain, sell, alien and convey unto the…

2Cases cited1 opinion

  1. Ballard v. PerryTexas Supreme Court · 1866

3Cited by40 opinions

  1. Dahlberg v. HoldenTexas Supreme Court · 1951
  2. Sun Oil Co. v. BurnsTexas Supreme Court · 1935
  3. Benskin v. BarksdaleTexas Commission of Appeals · 1923
  4. Kokernot v. CaldwellCourt of Appeals of Texas · 1950
  5. Milner v. SchaeferCourt of Appeals of Texas · 1948

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