Shifflet v. Morelle

Citations

• 68 Tex. 382
• 4 S.W. 843
• 1887 Tex. LEXIS 702

Syllabus

<p>1. Verdict.—A verdict is general which finds in general terms for one party or the other, and is not rendered special by the fact that it designates the grounds on which it is based.</p> <p>2. Opinion op Witness—Lapse op Time.—The sufficiency of a lost deed to pass title can not be established by the mere opinion of witness who once saw it. He must recollect what its provisions were and state facts regarding its contents. Among the exceptions to the rule which ordinarily excludes the opinion of a witness, when offered as evidence can not be included the long time that has elapsed since the occurrence of the matters about which the witness is called to testify.</p> <p>2. Statutes Construed—Registration—Cases Hollowed.—The act of December 20, 1836, section 35, requiring the registration of certain instruments, did not authorize the registration of a conveyance, or of a contract for the conveyance of the right to receive land from the government of the republic of Texas, before the certificate was issued and before the land was located. On this point Simpson v. Chapman, 45 . Texas, 560, followed.</p> <p>3. Same—Evidence.—The contents of a lost instrument of writing which was once recorded by a county clerk without authority of law, and who took the maker’s acknowledgment thereto can not be established by proof that the clerk and subscribing witnesses are dead, and by proof that the record was in the handwriting of the clerk. If the clerk were alive he might swear to the record as an examined copy.</p> <p>4 Evidence.—The mere possession of a muniment of title is not evidence of title in the possessor.</p>