Brandon v. McNelly

Citations

• 43 Tex. 76

Syllabus

<p>1. Failure to cross interrogatories—A party not crossing interrogatories cannot use the depositions, and the rule is not changed by the fact that the interrogatories were propounded to several witnesses, and the depositions were taken and returned together, and the depositions of the other witnesses had been read by the party taking the testimony.</p> <p>2. Heirship—Presumption.—It will not be presumed where a grant of land had been issued to a married man that the wife survived the husband. Proof of heirship to the husband in a suit by an heir is sufficient as against a trespasser.</p>