Ross v. Kornrumpf

Citations

• 64 Tex. 390

Syllabus

<p>1. Pleading — Cause of action.— An amended petition which sets up a right in the plaintiff to land, which had been before asserted in the original petition', and which specifically sets forth the facts which constitute the alleged unfounded claim of defendants to such land, does not set up a new cause of action; nor is a new cause of action set up by specifying more particularly the relief sought.</p> <p>0. New cause of action.— When a new cause of action is set up by amended petition, its effect is to subject the plaintiff to all costs incurred up to the filing of the amendment, and to let in any defense which could have been pleaded had the suit been commenced at the date of the filing of the amendment.</p> <p>3. Practice.— A ruling by the district judge, which, though wrong, could not have affected the final judgment, can afford no ground for a reversal.</p> <p>4. Practice — Certified copies. — Though the certified copy of a deed relied on as a muniment of title must be on file in the cause three days before the trial, to authorize its introduction in evidence, it is not necessary that the party offering it should make affidavit to the loss of its original before the trial of the cause begins, in order that it may be read in evidence.</p> <p>5. Husband and wife — Deed — Separate property.— The wife may receive a valid conveyance of the separate property of her husband to herself, so as to constitute it her own separate estate free from liability for his debts, when such conveyance is made in payment of money belonging to her which the husband had previously used.</p> <p>0. Execution sale — Community property — Resulting trust — Notice.—A deed was made by a third party conveying land to a married woman, which the vendor had purchased from the husband of said woman, and had his deed re-' corded after a statutory lien thereon had been fixed by the registration of a judgment in the county against the husband, but which deed was made before the registration of the