Harvey v. Edens

Citations

• 69 Tex. 420
• 6 S.W. 306
• 1887 Tex. LEXIS 845

Syllabus

<p>1. Evidence. — One who sues for a divided interest in surveys containing a designated quantity of land, which interest is alleged in the petition to have been set aside to him by commissioners appointed in partition proceedings, may read in evidence the decree of partition as a muniment of title, without serving the defendant with notice before trial of his-intention to offer it in evidence.</p> <p>2. Evidence. — Secondary evidence is admissible to show the contents of a deed of assignment conveying property situated in other States, as well as property in Texas, and which deed is beyond the jurisdiction of the court. When such secondary evidence is in the shape of separate depositions of the several witnesses who prove the execution of the original deed, the fact that a correct copy of the instrument is attached to each deposition, and that no two of the witnesses swear to the same copy, ia immaterial, since a comparison of the copies will verify whether they are from the same original.</p> <p>3. Foreign Assignment. — Though it has been held that a voluntary assignment, if executed with apt words to convey lands in a foreign jurisdiction, and in conformity with the laws of such jurisdiction, does not operate as a conveyance of real property situate beyond the limits of the State where the assignment was executed, as against creditors resident within the State where the property is situated; yet such an instrument may, as between the assignor and assignee and those claiming under the latter, pass title, whether the assignment was a statutory one or not, provided it contained apt words to convey all the property of the grantor. It ia no objection to the certainty of description in such an assignment that . it does not specifically describe each item of property conveyed. If it purports to convey all .the property of the partnership firm making it, and that of each individual member thereof, wherever situate, it becomes a matter of evidence as to what particular pr