Butler v. Dunagan
Texas Supreme Court
Appeal from Smith. Tried below before the Hon. John H. Reagan. Suit by appellant against appellee to recover a tract of land, part of William Luce’s headright.
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Appeal from Smith. Tried below before the Hon. John H. Reagan. Suit by appellant against appellee to recover a tract of land, part of William Luce’s headright. Bill of exceptions as follows : Plaintiff introduced as evidence the original testimonio or grant from the Government of Coahuila and Texas, to William Luce, citizen of David G. Burnett’s colony ; Luce’s deed to David A. Hoffman ; then offered in evidence a certified copy of a power of attorney from said Hoffman to Melville Crossman and Samuel Katharins, or either of them, to sell and convey all “ my right, title and interest in and to…
1Opinion of the CourtWheeler, J.
Although it is not so stated in the bill of exceptions, there can belittle doubt that the copy of the power of attorney was excluded on the ground that the original was not properly authenticated to admit it to record. Under the Act of the 5th of February, 1841, (Hart. Dig. Art. 2777,) the proof of hand writing may not have been sufficient, not being made by a subscribing witness. But the power of attorney was acknowledged by the maker before a Primary Judge, who was ex officio a Notary Public, (Act of the 20th January, 1836, Sec. 4, Laws of the Provisional Government,) and that, we think,…
2Cited by15 opinions
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