State v. Cardinas

Citations

• 47 Tex. 250

Syllabus

<p>1. Statute construed.—The “act to ascertain or adjudicate claims for land against the State, situated between the Nueces and Rio Grande rivers,” (Paschal’s Dig., art. 7068, &c.,) requiring that the claimant shall accompany his petition (seeking to establish such claim) “ with the titles, or evidences of titles, or right under which the same is held' or claimed,” is complied witli by filing secondary evidence with the petition when the original cannot be procured.</p> <p>2. Secondary evidence.—A copy of a copy is not admissible in evidence, nor is a copy made and duly authenticated by an alcalde in 1828, of a title of land exhibited to him and not forming part of the archives of his office, entitled to any standing as evidence.</p> <p>3. Same—Archive.—Generally, it is the fact that a document is a record or archive of an office that makes a copy, certified to by the legal custodian of such record or archive, stand in the place of such . original, where it is shown to be lost or cannot be produced.</p> <p>4. Examined copy.—See testimony held insufficient to establish a document produced as a copy of an original archive, of which it purports to be a copy.</p> <p>5. Foreign judgments.—Foreign judgments should bo authenticated (1) by an exemplification under the great seal, (2) a copy proved to be correct, (3) the certificate of an officer authorized by law, which itself must be properly authenticated, although, if these modes of proof be beyond reach, other testimony inferior in its nature might be received. But where there is no cause shown for not resorting to the regular mode of proof, it. is incompetent to prove by parol the existence and purport of such record of foreign judgment.</p> <p>6. Testimonio.—When a testimonio, which is an original copy issued contemporaneously with the making of the protocol, and is the evidence of title given to the grantee, is offered in evidence, it is required to be accompanied by evidence of its genuineness.</p> <p>7. Same—Second