Tom v. Sayers

Citations

• 64 Tex. 339

Syllabus

<p>1. Evidence — Trespass to try title. — In trespass to try title, when title is sought to be deraigned through one to whom the patent issued, as the assignee of another, it is not necessary to go behind the patent to show a legal or equitable right of the assignee to the certificate on which the patent issued as against one who asserts no legal or equitable claim to such certificate.</p> <p>2. Practice — Bills of exception.— The rule again announced, that objections to evidence found in a statement of facts, made up and signed after the close of the term, even if good, in form and substance, as a bill of exceptions, will not be considered on appeal. The evidence offered will be considered as if offered without objection.</p> <p>3. Seal — Conveyance.— A conveyance of land, not under seal, but signed by the grantor in 1845, is not, by reason of the absence of a seal, a nullity.</p> <p>4. Separate acknowledgment —Deed.—In a deed by husband and wife, conveying land patented to the husband, as assignee of a certificate, it is not necessary, as against one not a stranger to the title, that the separate acknowledgment of the wife should be in accordance with the statute regulating conveyances of her separató estate, there being nothing to show that the wife really owned the land in her own separate right.</p> <p>5. Collateral proceeding — Administrator’s deed —Probate sale.— An order of the probate court, in which administration was pending, was shown, directing the sale of land of a testator, and describing it by the name of the grantee of the certificate on which the patent issued, and the county in which it was situate. The order of sale recited an application to sell, and directed the sale to be made in accordance “ with the will” of the deceased testator. Held:</p> <p>(1) It must be presumed, in a collateral proceeding, that the application for the sale was made in accordance with the statute, or that the will of the testator contained such provisions as made it nec