McDaniel v. Needham

Citations

• 61 Tex. 269
• 1884 Tex. LEXIS 91

Syllabus

<p>1. Authentication.— A certificate made in 1851 by a county clerk, over his seal of office, reciting that one whose name appeared signed to a power of attorney to which the certificate was attached, appeared before that officer, and in his presence signed, sealed and delivered the same for the uses and purposes therein contained, afforded no such proof, under the statutes in force at the time of the execution of the instrument, as would authorize its registration.</p> <p>3. Malicious prosecution — Tax title — Probable cause. — One sued for malicious prosecution and false imprisonment of plaintiff, attempted to justify the alleged wrong by alleging ownership through a tax title of certain land, for cutting timber on which he had prosecuted and caused plaintiff’s arrest. Held:</p> <p>(1) That a charge instructing the jury that the tax title gave the defendant no right either to the land or the timber growing on it, and that its existence would not “constitute probable cause in favor of defendant for believing that the land or the timber thereon had been his property,” was error.</p> <p>(2) The true question was, whether or not the tax deed tended to show the existence of probable cause for defendant to believe that he owned the land described in it, and the timber thereon, and this should have been left to the jury for the purpose of negativing malice, and in mitigation of exemplary damages.</p> <p>3. Charge of court. — See opinion for other charges of the court on the subject of malicious prosecution, in which, if error existed, it was an abstract error which could not have misled the jury, and afforded no cause of itself for reversal.</p>