Wade v. Love

Citations

• 69 Tex. 522
• 7 S.W. 225
• 1888 Tex. LEXIS 890

Syllabus

<p>1. Infancy — Trespass to Try Title. — In trespass to try title brought by one who seeks to avoid a deed alleged to have been made by him during minority, and without consideration, when the copy of the deed is attached to the petition and made a part thereof, which recites a consideration paid, the plaintiff must not only establish that he was a minor when the deed was made, but that0 no consideration was in fact paid. In such a case when there is no offer to return a consideration for the land, it is incumbent on the plaintiff to show that he received none.</p> <p>3. Evidence. — Evidence though not primarily admissible because not directly relevant to the matters in issue, may be rendered proper in rebuttal. See opinion for an illustration.</p> <p>8. Evidence. — The answer to a general written interrogatory to a witness to “ state any other fact within his knowledge of interest to either party as fully and minutely as if specially interrogated thereto,” is inadmissible if objected to in time, but if there be no written notice of objection before trial, the objection will be regarded as waived.</p>