Mynders v. Ralston

Citations

• 68 Tex. 498
• 4 S.W. 854
• 1887 Tex. LEXIS 724

Syllabus

<p>1. Assignment Oe Error.—An assignment of error which states that the court erred in not rendering judgment for plaintiff, without pointing out in what respect the court erred, can not he considered. Such an assignment would, if it could be considered, require the court to search the entire record to ascertain whether an error had been committed either in law or fact, and is in plain disregard of the rules of court.</p> <p>2. Practice—Evidence.—When in trespass to try title, the defendant disclaims title, but sets up title in himself to an adjoining tract of land, and after asking for a survey to determine whether the two surveys conflict, prays that he may have judg'ment for costs if they do not, and for his improvements made in good faith if a conflict exists, evidence deraiging plaintiff’s title is unnecessary. If, however, the judgment is for the defendant, and the only assignment of error correctly prepared is based on the alleged error of the court in excluding the evidences of plaintiff’s title, the judgment will be affirmed which will carry with it the costs of the suit.</p>