Veck v. Holt

Citations

• 71 Tex. 715
• 9 S.W. 743
• 1888 Tex. LEXIS 1213

Syllabus

<p>1. Pleading—General Demurrer.—A petition is held good, setting up as cause of action that the defendant had obtained possession of certain sheep upon which plaintiff held alien uniera deed of trust in which the defendant was trustee, and had wrongfully disposed of them, so that they were taken from the State, and that the makers of the notes secured by the trust deed upon the sheep were insolvent. The absence of an express allegation of ownership by the plaintiff is supplied by allegations involving that fact.</p> <p>2. A Certified Copy as Evidence—Affidavit.—An affidavit by the • attorney that he can not procure the original, not also stating that his client can not, is insufficient as a basis for the admission of a certified copy of a recorded instrument under the statute. (64 Texas, 179.)</p> <p>3. Same.—On showing that the grantee in the deed resides in Mexico, beyond the reach of process, the copy is competent.</p> <p>4. Allegations.—Under allegation as in No. 1 above the notes for which the deed of trust was given were admissable, the allegations being sufficient.</p> <p>6. Verdict.—The charge directed the jury “to estimate the damages at the value of the sheep converted, and eight per cent interest from the time they were driven into Mexico.” This date was fixed by testimony as identical with the sale. The verdict was: “We, the jury, find for plaintiff one dollar and fifty cents ($1 50) per head on nine hundred and fifty seven-of sheep, with eight per cent interest from time of sale, but no damages.’’ Held, that, taken in connection with the charge, the verdict was sufficient.</p>