Hickman v. Gillum

Citations

• 66 Tex. 314
• 1 S.W. 339
• 1886 Tex. LEXIS 512

Syllabus

<p>1. Evidence—Will—Certified copy—When a certified copy of a duly recorded will is introduced in evidence, there is no necessity to account for the original; the certified copy is of equal dignity, as evidence, with the original. (P. D., 5372;. E. S., 4875, 4876.)</p> <p>2. Same—Revised statutes, artici.e 2257—Construction—The requirements of Art. 2257, R. S., in reference to instruments permitted or required by law to be recorded, do not apply to such a case.</p> <p>3. Evidence—See opinion and statement of facts for evidence properly admitted.</p> <p>4. Ownership—Evidence—The name of the grantee in a grant of land was borne by two persons, both long dead. Plaintiff claimed under one and defendant under the other. Held, Testimony was admissible to show that one of these persons claimed the land and exercised acts of ownership over it for a number of years, and afforded strong evidence that she was the person intended to be named in the grant.</p> <p>5. Same—See opinion for a grant held to have been properly admitted in evidence.</p> <p>6. Mexican grants—Title—How vested—The execution of a protocol by the commissioner, which he kept, and the delivery of a testimonio to the grantee,, vested a perfect title in the grantee under the Mexican law.</p> <p>7. Charge—See opinion and facts for special charges properly refused.</p>