Legal Opinion

Sherrill v. Estate of Plumley

Court of Appeals of Texas

Decided June 6, 1974No. 16329Published

1Opinion

ON MOTION FOR REHEARING

PEDEN, Justice.

Appellants again urge us to hold that the heirship deed, Exhibit Swan 20, was not admissible in evidence.

We have no quarrel with the holding in Smith v. Lynn, 152 S.W.2d 838 (Tex.Civ.App.1941, no writ) that the “inherently weak” testimony of a witness as to a certain link in the heirship chain of title to a tract of land which was a “mere conclusion wholly unsupported by facts,” was legally insufficient to establish the vesting of title to land in the persons named by the witness as the heirs.

We believe, however, that in our case the heirship deed was…

2Cases cited9 opinions

  1. Provident Tradesmens Bank & Trust Co. v. PattersonSupreme Court of the United States · 1968
  2. Ferdinand Henry Schutten v. Shell Oil CompanyCourt of Appeals for the Fifth Circuit · 1970
  3. Petroleum Anchor Equipment, Inc. v. TyraTexas Supreme Court · 1966
  4. The Continental Insurance Company of New York, New York, a Corporation v. Richard B. CottenCourt of Appeals for the Ninth Circuit · 1970
  5. Neblett v. ButlerCourt of Appeals of Texas · 1942

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