Smith v. Chenault

Citations

• 48 Tex. 455

Syllabus

<p>1. Evidence.—If a party is permitted to read in evidence a part of the adversary party’s answer in other cases, such adversary should be allowed to read so much of the remainder of the answers as refers to the same subject-matter as that part read against him.</p> <p>2. Evidence in fraud.—On a trial involving the title to a tract of land, which had passed from a party who had been discharged in bankruptcy, and the good faith of the transfer is drawn in question, evidence of such bankruptcy proceedings is admissible, as a fact, to be taken with others on that point.</p> <p>3. Admissibility of deed produced by adverse party.—A deed made by one defendant to another defendant, and being a link in the title claimed by defendants adverse to that of the plaintiff, and which deed had been filed by defendants in the suit, and notice given to plaintiff of such filing, and of the recording of which by part of the defendants there is evidence, may be introduced by plaintiff without further proof, and especially so when there was no effort to discredit it made by the defendants.</p> <p>4. Judgment, form of.—A judgment rendered without including in the entry the names of the parties plaintiff or defendant, but in the caption giving the firm-names, and in the body of the judgment plaintiffs recover of defendants, no names being given, will support a sale under execution issued reciting the names of all the parties, when the deed made under such sale is collaterally attacked.</p> <p>5. Equitable right in land may sustain a homestead.—An equitable right to land occupied as a homestead, is protected from forced sale equally as if the legal title was had.</p> <p>6. Partnership use of a homestead will not affect it.—Occupation of a homestead, owned by one of the parties in a firm, for use in the partnership business, it not being inconsistent with use as homestead, will not affect the homestead exemption attached to the property before such use.</p> <p>7. Homestead by tenant in comm