Schwarzhoff v. Necker
Texas Commission of Appeals
Ebbob from Comal. Tried below before the Hon. Q-. H. Moon an . M. Schwarzhoff brought an action of trespass to try title for a house and lot in Mew Braunfels against Julius Harms. : Harms pleaded not guilty; that the lot was his homestead, etc.; reconvened in damages for wrongful suing out sequestration, etc.
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Ebbob from Comal. Tried below before the Hon. Q-. H. Moon an . M. Schwarzhoff brought an action of trespass to try title for a house and lot in Mew Braunfels against Julius Harms. : Harms pleaded not guilty; that the lot was his homestead, etc.; reconvened in damages for wrongful suing out sequestration, etc. Pending the suit, Anna Meeker and her husband intervened, alleging that she was the daughter of Mrs. Lina Harms, the divorced wife of defendant, by a former marriage; that the lot was community property of defendant and Lina Harms; that it was their homestead; that they had been divorced…
1Opinion of the CourtA. S. Walker, J.
The record shows that the witness Harms was allowed to testify, over objections of the plaintiff, to the declarations of the intervenor touching the death of her mother. The bill of exceptions shows that the objections were carefully made and overruled.
The rule is, “if the declarant be living, he must be produced in court.” 1 Wharton on Ev., sec. 215; Johns v. Northcutt, 49 Tex., 454, 455, and cases cited.
There was no other sufficient evidence of the death of Mrs. Lina Harms. Ho one who testified seemed to have taken any interest in ascertaining whether she was living or dead. The…
2Cases cited5 opinions
- Green v. CrowTexas Supreme Court · 1856
- Sears v. SearsTexas Supreme Court · 1876
- Reeves v. GoodnerTexas Supreme Court · 1875
- Robert v. HollandTexas Supreme Court · 1876
- Carter v. RandolphTexas Supreme Court · 1877
3Cited by1 opinion
- Villalva v. BrownCourt of Appeals of Texas · 1912