Beaumont Pasture Co. v. Preston & Smith

Citations

• 65 Tex. 448
• 1886 Tex. LEXIS 689

Syllabus

<p>1. Ancient instruments — Preliminary proof—Ex parte proceeding—Jury to determine issue of fact as to genuineness—In making the proof upon which a written instrument offered in evidence as an ancient document gets to the jury, the party offering it proceeds ex parte. If, without considering any other evidence than that produced by such party, there is enough to raise an issue of fact as to the genuineness of the instrument, still, it is proper for the court to allow the paper to go before the jury, and that issue is then determined by them, after hearing all the testimony on both sides. (Citing Williams v. Conger, 49 Tex. 594; Gainer v. Cotton, 49 Tex. 118 ; 1 Greenl. Ev., sec. 21.)</p> <p>2. Same—Admissible in evidence, when—Preliminary proof—Charge of court— The preliminary proof made before the judge as to the genuineness of a written instrument offered as an ancient document, is merely an earnest of the issue. What shall be sufficient for this purpose, cannot, probably, be embraced in a. definition that would suit the peculiar facts of every case. It would, however, always be proper to admit the instrument in evidence when the proof is sufficient to sustain a verdict in favor of its genuineness, if no opposing testimony has been offered. It is not a correct practice for the court to charge the jury that certain proof constitutes prima facie evidence of the execution or genuineness of the paper in question.</p> <p>3. Same—Instructions to jury—With respect to an instrument offered in evidence as an ancient document, the jury should be informed of the conditions upon which the law dispenses with the ordinary methods of proving the execution of private writings ; but whether or not those conditions exist, or whether or not the circumstances proved are sufficient to corroborate the antiquity and genuineness of the instrument, should, after the court has heard enough to make the issue, be determined by the jury, like any other fact, without any intimation of the jud