Hughes v. Driver

Citations

• 50 Tex. 175

Syllabus

<p>1. Agency—Pleading.—In an action of trespass to try title, the parties claimed from a common source, and the defendant pleaded non est factum, to the elder deed, held by the plaintiff; replication that the deed was made by the wife of the grantor for herself and as agent for her husband, and his subsequent ratification: Held, That exceptions to the petition were properly overruled.</p> <p>2. Title—Where plaintiff, in trespass to try title, in tracing title was compelled to show a judgment and his purchase of the land under it: Held, That without reference to the effect of the judgment as affecting the rights of parties to it otherwise than as a link in plaintiff’s chain of title, the testimony was admissible.</p> <p>3. Irregularities in order of sale.—An order of sale directing sale for gold and for ten per cent, interest on the judgment, when the decree required the collection of “ dollars ” and interest at eight per cent: Held, That the variances were but irregularities, and did not affect’ a sale made under the order of sale.</p> <p>4. Evidence of entire record.—Where one party introduces a judgment, or any part of a record, the other party may read the remaining part of the record in evidence.</p>