Bendy v. W. T. Carter & Bros.

The defendants in this action of trespass to try title offered, in evidence a sheriff’s deed under which they claim. Over their opponents’ objection, the district court allowed it to be introduced, but later, on motion, at the conclusion of the testimony, rejected it. The decision of the case depended upon this deed. Whether it was properly ruled out is the question in the application for writ of error. The Court of Civil Appeals held that the trial court erred. 251 S. W. 265.

There was in evidence an admissible copy of the judgment, and one of the executions upon it which bore a return that…