Manly v. William B. Culver's Heirs
Texas Supreme Court
Appeal from Bexar. Tried below before the Hon. Thomas J. Devine. Suit commenced November 17th, 1851, by the heirs of William B. Culver, minors, by guardian, against A. P. Manly, to recover a slave Ben, and damages for his services.
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Appeal from Bexar. Tried below before the Hon. Thomas J. Devine. Suit commenced November 17th, 1851, by the heirs of William B. Culver, minors, by guardian, against A. P. Manly, to recover a slave Ben, and damages for his services. Plaintiffs alleged the particulars of their title, to wit: by deed of gift on the 22d day of April, 1844, from A. J. Smith to Martin S. and Marion P. Culver, and such other children as the said Culver and his wife, Eliza, should thereafter have ; that the said Culver and wife did thereafter have another child, Martha Ann, whom petitioner also represents as…
1Opinion of the CourtWheeler, J.
It is not questioned that the deed of gift under which the plaintiffs claim, was an instrument permitted by law to be recorded, within the provision of the statute respecting the proof of recorded instruments. (Hart. Dig. 745; 6 Tex. R. 71.) But it is objected that it was not properly admitted in evidence, because not proved for record by two witnesses, and the seal of the Court was not attached to the certificate of authentication. The law, however, admitted it to record upon proof of its execution by one subscribing witness. (Hart. Dig. Art. 2777.) It is to be observed that the statute…
2Cited by4 opinions
- Haney v. ClarkTexas Supreme Court · 1885
- Youngblood v. HoeffleCourt of Appeals of Texas · 1918
- I. & G. N. R. R. v. PapeCourt of Appeals of Texas · 1882
- Kincaid v. JonesTexas Commission of Appeals · 1881