Trammell v. McDade

Citations

• 29 Tex. 360

Syllabus

<p>The certificate of the officer who takes depositions should show that the witness subscribed and swore to his answers. (Paschal's Dig., Art. 3728, Note 846.)</p> <p>An interrogatory which refers a witness to his previous examination in the same cause, and asks him if that be true, is leading and inadmissible.</p> <p>That is a leading question which suggests to the witness the answer which he is desired to give.</p> <p>The assignment of errors ought distinctly to state the ground on which the appellant or plaintiff in error relies. (Paschal’s Dig., Art. 1591, Note 618.)</p> <p>The sale by one part owner, while it does not affect the interest of the joint owner, yet it operates as against the vendor, binding him by way of estoppel,</p> <p>The conveyance of an undivided share of the estate in common is made in like manner as if the tenant in common was seized of the entirety. But one joint tenant or tenant in common cannot convey a distinct portion of the estate, by metes and bounds, so as to prejudice his co-tenants or their assignees, though it may bind him by way of estoppel.</p> <p>Tenants in common of personal estáte may force a partition. (Paschal’s Dig., Arts. 4711 to 4716.)</p> <p>The purchaser of goods from one tenant in common, and the delivery of possession, confer a good title against the lawful owner until he makes known his title to the vendee.</p>