Thorn's Heirs v. Frazer's Heirs

Citations

• 60 Tex. 259
• 1883 Tex. LEXIS 315

Syllabus

<p>Commissioners for Texas.— An acknowledgment to a deed, taken before a commissioner of deeds in another state, who was appointed under the statute (Pasch. Dig., 3763), is not affected by the fact that the governor who appointed the commissioner had gone out of office before the acknowledgment was taken. The commissioner once appointed could continue to act as such until he was removed by the governor.</p> <p>3. Evidence.— When there has been a great lapse of time intervening between the execution of a deed and the assertion of rights under it, an adverse claimant of the land will not be held to that full and conclusive proof of his right which would be required under other circumstances.</p> <p>3. Verdict of jury — New trial.— The finding of a jury upon facts when the evidence is conflicting is conclusive only when the witnesses testifying do so in person before the jury. Then their manner of testifying is proper for scrutiny, and in observing this, the jury possess an advantage which judges cannot have who hear the case on appeal. But when the evidence is contained in a written deposition, the reason of the rule which makes the decision of a jury in its finding on facts conclusive, ceases.</p>