Wells v. Dyer

Citations

• 45 Tex. 432

Syllabus

<p>Trespass to' try title — Pleading.—The plaintiff brought trespass to try title, alleging title to the property, derived by descent from her father. Defendant, after the plea of not guilty, pleaded specially that tiie said plaintiff, at a time stated, sold all the right, title, and interest that she had in and to the lands belonging to the estate of her said father; “that one A B, then a citizen of Lamar county, became the purchaser of her said interest for the sum of two thousand dollars, and since said sale in said year (1853) the said plaintiff had no legal or equitable interest or claim to any real estate owned by her said father (naming him) in his lifetime.'’ On the trial the defendant offered to prove by a notary that he took, in 1853, the acknowledgment of the plaintiff to a deed conveying all her interest in her father’s estate to A B : Held. 1. That the testimony should have been admitted; 2. That the plea, in the absence of a speeial exception to its sufficiency, was good as an averment of outstanding title; 3. The record failing to disclose that the evidence was objected to as secondary in the court below, that objection is not noticed when presented first in the Supreme Court.</p>