Firebaugh v. Ward

Citations

• 51 Tex. 409

Syllabus

<p>1. Lien—Mortgage—Judgment.—As between a mortgage on laud and a judgment rendered in a county different from that in which the land is, priority of lien will be determined by priority of registration in the county where the land is situate.</p> <p>2. Evidence. — The existence of a deed cannot be established by producing what purports to be a certified copy from the records of the county in which the land lies, until the non-production of the original deed is accounted for.</p> <p>3. Limitation—Claims against estates.—The acceptance of a claim against an estate by the administrator which is apparently barred by limitation, and its approval by the Probate Court, merge it into such a gMasi-judgmeut that it cannot be impeached by other creditors, under a plea of limitation, in a collateral proceeding.</p> <p>4. Bill of exceptions—Practice in District Court.—The office of a bill of exceptions is to enable a party who considers himself aggrieved by any ruling, opinion, or action of the court below upon a given point, to put the same upon the record, with his objections thereto, at the time the same is made or announced.</p> <p>5. Practice in District Court—Bill of exceptions.—The presiding judge who signs a bill of exceptions may, if be desires, incorporate in it the reasons for his ruling, opinion, or action.</p> <p>6. Practice in District Court—Bill of exceptions.—When a. bill of exceptions tendered by a party does not, in the opinion of the presiding judge, fairly state the ruling, or the reasons therefor, when attempted to be given, and the party tendering it declines to adopt the corrections required by the judge, the presiding judge should indorse thereon his refusal to sign the same, and make out, sign, and file such a bill of exceptions as will, in his opinion, correctly present the ruling, opinion, or other action of the court as it actually occurred. If the party who tendered the bill for signature is not satisfied with this action of the judge, he may then ma