Yeary v. Cummins
Texas Supreme Court
Error from Collin. The case was tried before Hon. Hat. M. Burford, one of the district judges. On the 30th of August, 1858, Cummins, the defendant in error, filed his petition against Walter Yeary and several other defendants, as the heirs-at-law of John Yeary, deceased, to obtain a decree against them for title to three hundred and twenty acres of land in Eannin county.
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Error from Collin. The case was tried before Hon. Hat. M. Burford, one of the district judges. On the 30th of August, 1858, Cummins, the defendant in error, filed his petition against Walter Yeary and several other defendants, as the heirs-at-law of John Yeary, deceased, to obtain a decree against them for title to three hundred and twenty acres of land in Eannin county. The plaintiff declared upon and exhibited his bond for title, executed by John Yeary, the ancestor of the defendants, on the 14th of June, 1848, by which the latter bound himself in the penal sum of $320, conditioned that he…
1Opinion of the CourtWillie, J.
—There was no error in overruling defendant’s objections to the bond offered in evidence by plaintiff. It was the instrument upon which the suit was founded, and purported to be signed by John Yeary, the ancestor of the defendants. There was no necessity, therefore, for the plaintiff to prove its execution, unless denied under oath by the defendants. (O. &. W. Dig., Art. 466; Paschal’s Dig., Art. 1443, Note 549.) As this denial was not made, the instrument must be regarded as fully proved, according to the rules .of the common law, and such proof dispensed with the registration and notice…
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- Robinson v. MartelTexas Supreme Court · 1853
- Smith v. Hampton's HeirsTexas Supreme Court · 1855
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- Cullem v. LatimerTexas Supreme Court · 1849
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