Collins v. Box

Citations

• 40 Tex. 190

Syllabus

<p>(On Rehearing.)</p> <p>1. The acceptance by a son of a deed made to him by the father, which purports to convey title from the father to the son, and the assertion, of ownership by the latter under such deed, does not estop the son from asserting title to the same land by inheritance from his mother, unless the deed from the father was made in lieu of the son’s interest in his mother’s estate.</p> <p>2. In a suit for the recovery of land under title derived through the father of intervenor (who is defendant), where the intervenor claims by title derived by inheritance from the mother, it is error to exclude evidence showing that the intervenor, after the mother’s death, had received by gift or settlement from the father more than his distributive interests in the mother’s estate.</p> <p>3. Permission given by the court to amend pleadings after both parties have announced ready for trial, though an irregularity not warranted bylaw, furnishes no ground for reversal, when no time is asked by the party objecting to meet anew issue presented by the amendment.</p> <p>4. The county record of deeds should not be taken by the jury, in their retirement to their room.</p> <p>5. See opinion for a judgment of the District Court which was rendered in disregard of the statutes of descent and distribution.</p>