McClelland v. Moore

Citations

• 48 Tex. 355

Syllabus

<p>1. Death of parties.—A judgment rendered where both plaintiff and defendant are dead is erroneous.</p> <p>2. Suggestion of death—Correction of minutes.—A suggestion of death of a party, made and entered upon the judge’s docket, may furnish the basis for amendment of the record of a judgment where the suggestion of death and appearance of personal representative was not carried into the minutes; and such correction would be proper.</p> <p>3. Practice.—Where the parties are dead at the rendition of the judgment, and the record does not show the fact, relief can only be had by petition, in nature of bill of review, or for a new trial, or by motion to set aside the judgment.</p> <p>4. Case approved.—Milam County v. Robertson, 47 Tex., 222.</p> <p>5. Land-office copies of patents.—Such copies, by statute, are made evidence, and are admissible as secondary evidence, on proper showing of absence of the patent.</p> <p>6. Breach of warranty—Measure of damages.—The measure of damages on a breach of warranty of title to land, where the purchaser has voluntarily removed the incumbrance, or acquired the paramount title, is limited to the amount reasonably paid for that purpose.</p>