Johnson v. Timmons

Citations

• 50 Tex. 521

Syllabus

<p>1. Ancient deed—Power presumed.— In most cases where an instrument would be admissible in evidence as an ancient deed without proof of its execution, the power under whicli it purports to have been executed, will be presumed.</p> <p>2. Same—Presumption of law— Possession.— It seems that the presumption of the due execution of an ancient deed is one of law, and that proof of possession under it is not indispensable to its admission in evidence.</p> <p>3. Same.—Pacts held sufficient evidence of an ancient document.</p> <p>4. Charge must be applicable to the facts.—It is the duty of tlie court to instruct the jury as to the law upon particular facts in evidence, and to give as law the presumptions of law upon facts in evidence.</p> <p>5. Pbesumptions of law—Recitals.—See facts where it was held error not to instruct upon the presumption of law, upon the recital of a power of attorney in an instrument in evidence and over thirty years of age. The jury should have been told that such recital was a presumption upon which they could act as to the existence of the power of attorney so recited.</p> <p>6. Appboved.—Johnson v. Shaw, 41 Tex., 43S, approved.</p> <p>7. Outstanding equity.—In trespass to try title an outstanding equity cannot be pleaded in defense, unless the defendant is shown to be connected with it.</p>