Powell v. Haley

Citations

• 28 Tex. 52

Syllabus

<p>In an action of trespass to try title, which had been pending for five years, the defendant moved for a continuance, in order, that his landlords, who were non-residents of the State, might be made parties to the suit: Held, that it was not error to overrule the motion and refuse the continuance, as the defendant was allowed to make all the defenses which his landlords could have made.</p> <p>It was not error to admit in evidence against the defendant, who claimed as a tenant, Ms affidavit previously made that he believed the land in controversy to be public land, such affidavit being an admission of the defendant that, at the date of his affidavit, he did not rely on the title of his landlords.</p> <p>A deed relied upon having been impeached by affidavit as a forgery, and the party offering it having adduced no evidence to sustain it, the exclusion of it from the jury was not error. (Paschal’s Dig., Art. 3716, Note 840.)</p> <p>If a party conceive that the charge of the court does not fully present to the jury the law of the case, it is his duty to ask the court to give in charge the law which he deems to be improperly omitted.</p> <p>The fact that one of the jury was not sworn, being relied on as error, if the affidavit to'that fact fail to show that the counsel of the party relying upon it was ignorant of it at the trial, the affidavit is insufficient.</p> <p>A verdict must be sustained unless it clearly appear to be wrong.</p> <p>Whatever is sufficient to put a party on inquiry is notice.</p>