Fitch v. Boyer

Citations

• 51 Tex. 336

Syllabus

<p>1. Judgment—Evidence.—A domestic judgment of a court of competent jurisdiction, upon a subject-matter within the ordinary scope of its power and proceedings, is entitled to such absolute verity, that in a collateral action, even where the record is silent as to notice, the presumption, when not contradicted by the record itself, that the court had jurisdiction of the person also, is so conclusive that evidence aliunde will not be admitted to contradict it.</p> <p>2. Evidence—Variance—Execution.—A judgment under which a party claimed title was against Ben and Ann Hubert, and bore no interest. The execution offered in evidence, on the authority of the judgment, was against Ben and Anna Hubert, and referred to a judgment bearing ten per cent, interest: Held, That it was not improper to admit the execution in evidence, the irregularity of the execution not being sufficient to render it void when sought to be taken advantage of in a collateral proceeding.</p> <p>3. Levy—Description—Deed. — An imperfect description in the indorsement of a levy, becomes immaterial when it is followed by the sheriff’s deed, in which the property sold is clearly and correctly described.</p> <p>4. Deed—Interlineations—Evidence.—When a deed, on the face of which interlineations appear, is fded with the papers of a cause after record and three days’ notice given of its filing, it is admissible in evidence, notwithstanding interlineations on its face unexplained, unless an affidavit in the nature of a plea of non est factum has been filed. In the absence of such plea, the due execution, of the deed will be conclusively presumed.</p> <p>5. Deed—Joint tenant—Tenant in common.—Though a joint tenant or tenant in common cannot convey a specific portion of the-joint estate to the prejudice of his co-tenant, such a deed is not absolutely void, and conveys such an interest as will enable the vendee to maintain an action against a trespasser.</p> <p>6. Trespass to try title—Evidence.—When, in trespass