Holliday v. Cromwell
Texas Supreme Court
Appeal from Victoria. Tried below before the Hon. Fielding Jones. Trespass to try title to two leagues of land in Victoria county, brought by Thomas Holliday, the appellant, against Alexander H. Cromwell and others, the appellees. On the trial, the plaintiff read in evidence a certified translation from the General Land Office' of the original grant of the two leagues to Santiago »nd,.Lazaro Serna and a chain of title from Santiago.
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Appeal from Victoria. Tried below before the Hon. Fielding Jones. Trespass to try title to two leagues of land in Victoria county, brought by Thomas Holliday, the appellant, against Alexander H. Cromwell and others, the appellees. On the trial, the plaintiff read in evidence a certified translation from the General Land Office' of the original grant of the two leagues to Santiago »nd,.Lazaro Serna and a chain of title from Santiago. The first link in this chain is a deed from Santiago Serna to John Sutherland, dated February 28th 1840, and recorded in Victoria county, Avhere the land Was then…
1Opinion of the CourtWheeler, C. J.
It was proposed to make proof of the deed of the 25th of October, 1834, by the production of a certified-copy from the records of deeds, under article 745 of Hartley’s Digest. (O. & W. Dig., art. 467.)
It was objected to the introduction of the copy that the deed had not been duly recorded.
The certificate of registration bears date on the 2d day of June, 1841, and is as follows: “ The foregoing deed was this day presented for record and thereupon admitted.”
The laws in force at that time concerning the registration of deeds, required the acknowledgment, or some proof of their execution; or,…
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