Mahan v. Wolf

Citations

• 61 Tex. 488
• 1884 Tex. LEXIS 130

Syllabus

<p>1. Evidence.— The plaintiff in opening his case is not bound to do more than introduce enough evidence to make a prima fade case for recovery; he-may strengthen his case by other evidence after it has been attacked by his adversary. Hence, when, in a case of trespass to try title, after the defendant, whose deed had been attacked as a forgery, had made a prima fade case of its genuineness, and the plaintiff had introduced evidence in rebuttal, showing that the grantor in the deed was not at the place where it. purported to bear date at that time, the defendant was properly permitted to show by other witnesses that the grantor was at that place at the time the deed bore date, and to strengthen his case by other evidence. Such practice is not violative of rule 31 of the district courts.</p>