Williams & Guyon v. Davis

Citations

• 56 Tex. 250
• 1882 Tex. LEXIS 25

Syllabus

<p>1. Judicial records, proof of.— Contents of judicial records, unless lost or destroyed, cannot be proven by parol evidence.</p> <p>2. Administration, evidence of closing—Secondary evidence.— The papers and orders of the probate court, or copies thereof, are the best evidence to show that an administration is not closed; oral testimony to that effect is secondary evidence.</p> <p>3. Same — Conclusion of law.— Oral testimony that the records do not show that an administration was closed is inadmissible, being testimony to a conclusion of law.</p> <p>4. Estate, partition of — When title vests.— Where, in the partition of an estate, land ordered to be sold as incapable of division is on the application of a distributee allowed to be taken by him, on his executing his obligation with sureties to the other distributee for the appraised value, under the statute (Pasch. Dig., art. 1360), the payment of the money or execution of the obligation is a condition precedent to the vesting of title.</p> <p>5. Judgment lien, how destroyed.— By lapse of twelve months between executions a judgment lien is lost.</p> <p>6. Suit for the whole — Part recoverable.— One having sued for the whole of a tract of land may nevertheless recover an undivided interest.</p>