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The Texas Reports (Volume 79); Cases Argued and Decided in the Supreme Court of the State of Texas

The Texas Reports (Volume 79); Cases Argued and Decided in the Supreme Court of the State of Texas


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This historic book may have numerous typos, missing text or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1891. Not illustrated. Excerpt: ... between Perry and Herndon was that Herndon was to locate the certificate for an interest in the land; and when he says he thinks the interest was a third, we understand him to mean that such was his recollection. What a witness believes as derived from a certain state of facts is but his conclusion and is not evidence. When he has been in position to know the facts, but his memory has grown dim, what he thinks he recollects is, if relevant, proper to be admitted and to be weighed in connection with the other testimony in the case. The relevancy of the excluded testimony depended upon the question whether there was any evidence from which the jury would have been authorized to draw the conclusion that Perry had authority to make the contract; and we are of opinion that the circumstances in evidence were sufficient for this purpose. The transaction to which the witness testified was a very old one. The date is not fixed, but we know it must have been before the patent issued, which was in August, 1854--more than thirty-three years before this suit was instituted and more than thirty-four before it was tried. It was not required that a contract for the location of the certificate upon shares should be in writing, and in like manner authority to make the contract may have been by parol. It is not to be presumed that at this late day witnesses could be found by whom such authority could be directly proved. But the fact that Perry made the contract, that Herndon procured and. held possession of the patent, that he retained an undivided one-third interest in the land upon his schedules in bankruptcy, that the assignee sold it as his property, and that Harris sold again without any adverse claims being set up, are circumstances from which a jury might infer that Perry w...


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Product Details
  • ISBN-13: 9781154011685
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 374
  • Spine Width: 20 mm
  • Width: 189 mm
  • ISBN-10: 1154011682
  • Publisher Date: 01 Jan 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 716 gr


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