Hancock v. Tram Lumber Co.

Citations

• 65 Tex. 225
• 1885 Tex. LEXIS 339

Syllabus

<p>1. Evidence—Revised statutes, art. 2257—Deeds—Certified copy—Whilst the primary and leading object of registration under the laws of this state is notice, yet the purpose of art. 2257, R S., is not to give notice but to establish a rule of evidence ; and under that statute if an instrument required or permitted by law to be recorded has been acknowledged or proved for record, and recorded as the law directs, the original, on compliance with the other provisions of the law, will stand as though its execution had been proved as at common law, unless an affidavit of forgery be filed; and so also will a certified copy thereof, if the inability of the party offering it to produce the original be shown.</p> <p>2. Same—Registration—Rule of evidence—Under the statute the valid registration of a deed in one county establishes prima facie its execution for all the purposes for which the deed may be used, and the place where it is to be used in evidence cannot affect the question. There cannot be a rule of evidence in force in this state which makes a deed evidence of title in one county and not in another, except as title may be affected by the question of notice.</p> <p>3. Same—Declarations and recitals—Privies—Estoppel—The declarations and recitals of a person through whom parties claim title to land, if made while the title was in him, are admissible as evidence against such parties to show the extent of his title and the character of his holding.</p> <p>4. Suit by one tenant in common against parties showing no right—The extent to which one tenant in common may recover against persons showing no right is well settled in this state. (Sowers v. Peterson, 50 Tex., 217; Pilcher v. Kirk, 60 Tex., 162.</p>