Hollis v. Dashiell

Citations

• 52 Tex. 187
• 1879 Tex. LEXIS 129

Syllabus

<p>1. Ancient instrument—Evidence.—A paper purporting to be a transfer of a headlight claim, dated January fi, 1S38, was originally written with blank spaces, which were afterwards filled np with amounts and names. In the body of the instrument the vendor’s name was spelled differently in different places, though evidently not written thus by himself. This transfer had, at various times, been recognized and acted on by parties claiming tinder it until May, 1879, when it was offered in evidence as the basis of title, after showing that it had been found in a place, where, under the circumstances, it might have been reasonabljr looked for, and came from a proper custody, accompanied with the evidence of several witnesses, who testified to their belief of the genuineness of the signature of the vendor: Held—</p> <p>1. That the custom of preparing such transfers in blank was so frequent as not to require explanation.</p> <p>2. The fact that the vendor’s name was spelled differently in different places in the instrument, would not vitiate it.</p> <p>3. It was an ancient instrument, and the evidence was sufficient to support a verdict in favor of its genuineness.</p> <p>4. Though made before the issuance of the headlight certificate, it took effect on the certificate when granted.</p> <p>5. Sucli a transfer constituted, as against the heirs of the vendor, a superior title to lite land covered by the headlight certificate, and which was patented in the name of their ancestor.</p> <p>2. Trespass to try title.—Holders of a legal title car. not be ejected by parties having no equity.</p> <p>3. Guardian ad litem—Administrator—Void and voidable.— Though consent to a judgment by a guardian ad liiem against, his ward, or an administrator against the estate, in Lite absence of evidence, may be erroneous, the judgment is not void by reason of such consent.</p> <p>4. Cases approved.—Bloom v. Burdick, 1 Hill, (N. Y.,) 143, and Porter's Heirs v. Robinson, 3 A. K. Marsh., 253, approved