Wiggins v. Fleishel

Citations

• 50 Tex. 57

Syllabus

<p>1. Certificate of acknowledgment.—The acknowledgment by a grantor of a deed for record does not render it admissible in evidence, except under the statute, after filing and three days’ notice to opposite party.</p> <p>2. Evidence—Grantee as witness.—A grantee in a deed cannot testify to the execution of such deed without accounting for the absence of subscribing witnesses thereto.</p> <p>3. Same—Grantor.—Depositions of a grantor in answer to questions assuming the existence of the deed, and without his having the deed before him. and identifying it, are not admissible as proof of its execution.</p> <p>4. Practice—Continuance.—The application to continue a case after the trial has begun, on account of the withdrawal of a material witness from the court-house during the trial, is, to a great degree, left to the judge presiding.</p> <p>5. Practice.—The exclusion of an original deed, where a copy lias been admitted and the party has had the benefit of the deed in evidence, is not an error for which a cause will be reversed.</p>