Prather v. Wilkens
Texas Supreme Court
Appeal from Bosque. Tried below before the Hon. J. M. Hall. Suit against T. O. Prather, for the recovery of a lot and house in the town of Clifton, in Bosque county. It was alleged in the petition that on the twenty-second day of September, 1883, Henry Wilkens was lawfully seized in fee simple and possessed the house and lot, and that T. 0. Prather unlawfully entered on the lot and premises and forcibly ejected Wilkens.
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Appeal from Bosque. Tried below before the Hon. J. M. Hall. Suit against T. O. Prather, for the recovery of a lot and house in the town of Clifton, in Bosque county. It was alleged in the petition that on the twenty-second day of September, 1883, Henry Wilkens was lawfully seized in fee simple and possessed the house and lot, and that T. 0. Prather unlawfully entered on the lot and premises and forcibly ejected Wilkens. The petition alleged the rental value to be three hundred dollars per year, asked for rents from September 22, 1883, and alleged that a writ of sequestration was issued and…
1Opinion of the Court
Gaines, Associate Justice.
The court erred in admitting the evidence of appellee’s witness, Watson, that he notified Focke, Wilkens & Lange, by telegraph, of his having made the contract with Prather, and that they replied, disapproving his action, and ordering the contract canceled. The telegram was the best evidence of its contents, and in the absence of some proof showing its loss or destruction, the testimony should not have been admitted.
Appellee, who was plaintiff below, having disclaimed any interest under the deed from Prather and wife to him, dated *190November 19, 1883, it was not error…
2Cited by14 opinions
- Carl v. SettegastTexas Commission of Appeals · 1922
- Mitchell v. MitchellTexas Supreme Court · 1891
- American Freehold Land Mortgage Co. of London v. PaceCourt of Appeals of Texas · 1900
- Reinhardt v. NehringTexas Commission of Appeals · 1927
- Wallace v. Berry, AdmintstratorTexas Supreme Court · 1892
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