French v. McGinnis

Citations

• 69 Tex. 19
• 9 S.W. 323
• 1887 Tex. LEXIS 765

Syllabus

<p>1. Statute Construed — Presumption.—Construing article 3221, Revised Statutes, held: that in a suit instituted by plaintiffs claiming to be heirs, the death of the ancestor through whom title is claimed will be presumed, when it is shown that such ancestor has absented himself beyond sea- or elsewhere for seven successive years, there being no evidence showing that he was alive during that period. It is not necessary that it should be shown that the absence was from the ancestor’s home, or that it should be proved that he had not been heard from during that period.</p> <p>3. Ancient Instrument. — A sheriff’s deed to land offered in evidence after the lapse of thirty years from the date of its execution, which fails on its face to recite from what court or county it issued, can not be admitted as an ancient instrument. Even if it had contained proper recitals, it could not be admitted as an ancient instrument in the absence of evidence accounting for the non-production of the judgment and execution.</p> <p>3. Fact Case — Limitation.—See opinion for facts, which, in the opinion of the court, were sufficient to sustain the plea of five years limitation.</p>