Veramendi v. Hutchins

Citations

• 56 Tex. 414
• 1882 Tex. LEXIS 49

Syllabus

<p>1. Jury commissioners—Objections to.—The fact that the father of a jury commissioner is or has been a party to the suit, or that the commissioner is a merchant doing business in the vicinity of the land in litigation, and several of the defendants trade with him, are neither of them objections which disqualify a commissioner or good ground for quashing the panel of petit jurors.</p> <p>2. Objections to jurors—Interest — Relationship. — That a juror lives upon the land involved so as to be interested in the particular suit, or is related within the third degree to any of the parties, is a sufficient objection against him individually, but does not require the quashing of the panel.</p> <p>3. Claim by limitation — Sufficient description.— Where part of the land sued for is claimed by limitation, and the plea describes that part so that it can be easily identified, the description is sufficient.</p> <p>4. Authority to sell presumed — Charge of the court.— Where community property was sold by the husband after the death of the wife, and there was a great lapse of time, together with long possession, under a bond for title, by defendants, before suit was instituted by the heirs of the wife to recover the land, held,</p> <p>(1) That the jury was authorized to presume that there were community debts or such other circumstances as authorized the husband to make the sale.</p> <p>(2) That the charge of the court went too far in telling the jury that after the great lapse of time it was a presumption of law that the husband had authority to sell; but where the assignment of errors is too general to require the court to revise the charge, and especially where, under the facts, any other verdict would have been against the evidence, the error becomes immaterial.</p> <p>(3) That where there was only negative evidence against the above presumption, the witnesses confessing ignorance of the state of affairs, a charge to the jury that if it had been proven that there were no comm