Falls Land & Cattle Co. v. Chisholm

Citations

• 71 Tex. 523
• 9 S.W. 479
• 1888 Tex. LEXIS 1177

Syllabus

<p>1. Application fob Continuance.—The application should contain such facts as would enable the court to ascertain what diligence had been, used to obtain the desired testimony; and proper diligence should appear.</p> <p>2. Same.—See application properly overruled.</p> <p>3. Record of Deed — Certificate of Record. — A deed for land inWichita county was filed for record in Montague county, to which it was attached. The certificate of record upon the deed showed that it had been “recorded in Clay county records.” The deed was offered in evidence as a recorded instrument under the statute. (Rev. Stats., art. 8257.) Held:</p> <p>(1) Although the deed had been properly filed for record in Montague county, yec the certificate showing the record in Clay County records-did not show the deed to have been -properly recorded, and it was properly excluded.</p> <p>(2) As notice, the filing was proper and was effective.</p> <p>(3) In connection with the deed, and to show that it had been properly recorded, the original record book was competent evidence and its exclusion was improper; and</p> <p>(4) With the evidence in the record book that the deed had been properly recorded, the deed was admissible, there being no question as to filing of the deed and notice under the statute.</p> <p>4 Description.—A deed referring to a patent accompanying it, and conveying all of the tract not already disposed of, sufficiently describes the-land.</p> <p>5. Assignment of Error.—See assignments of error too general and not in compliance with article 1033, Revised Statutes, nor with 21, 25 and 26 of Rules for Supreme Court—the grounds of error not being distinctly pointed out.</p> <p>6. Stale Demand,—The doctrine of stale demand applies only to an equitable title.</p>