Kauffman & Runge v. Shellworth

Citations

• 64 Tex. 179

Syllabus

<p>1. Affidavit — Evidence — Certified copy.— An affidavit made by a party’s attorney, stating “ that he (the attorney) cannot procure the original deed, and that he has tried and done all he could to procure it,” does not account for the absence of the original instrument sufficiently to warrant the admission of a certified copy. The affidavit should have excluded the supposition that the party himself had it within his power to procure the original. Following Butler v. Dunagan, 19 Tex., 566.</p> <p>2. Superior title.— An outstanding valid title in a third party, through whom defendant claims title, of which plaintiff had notice, constitutes a complete defense to plaintiff’s action of trespass to try title, whether defendant has acquired that title or not.</p>