Tracy v. Eggleston
Court of Appeals for the Fifth Circuit
In Error to the Circuit Court oí the United States for the Western District of Tonus. This notion was brought by Eustace It. Tracy and others, citizens of the slate of Now übrk, against Mary S. Eggleston and others, citizens of the state of Texas. It is an action of trespass to try tide to 040 acres of land situated in (Sutton county, Tex. The jury forrad a verdict Cor the defendants, on which judgment was entered.
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In Error to the Circuit Court oí the United States for the Western District of Tonus. This notion was brought by Eustace It. Tracy and others, citizens of the slate of Now übrk, against Mary S. Eggleston and others, citizens of the state of Texas. It is an action of trespass to try tide to 040 acres of land situated in (Sutton county, Tex. The jury forrad a verdict Cor the defendants, on which judgment was entered. During the trial p. bill of exceptions was reserved by the níacuflit's. The following is a part of the bill of exceptions: “It. Von Rosenberg, a witness for the defendants, duly…
1DissentPardee, Circuit Judge
The record shows that Jacob Keuehler, the deceased surveyor, whose declaration was offered and admitted in evidence, was, at the time the declaration was made, directly interested in a controversy inaugurated by him, then pending in the land office, as to the boundaries of the tracts of land involved. He was making declarations as a bystander not *331engaged in the act of running lines, and in Ms own interest, and. presumably to liis own advantage. Under no well-adjudged case that I have been able to find are self-serving declarations, particularly when made after contest commenced, admissible in…
2Cases cited13 opinions
- Hunnicutt v. PeytonSupreme Court of the United States · 1880
- Stanley v. GadsbySupreme Court of the United States · 1836
- Stroud v. SpringfieldTexas Supreme Court · 1866
- Hogsett v. EllisMichigan Supreme Court · 1868
- George v. ThomasTexas Supreme Court · 1856
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