Wood v. Welder

Citations

• 42 Tex. 396

Syllabus

<p>1. Testimonio—Records. A testimonio to be admitted in evidence must be proved, and to be admitted to record must have the due authentication attached. A record without such certificate of authentication has no effect and is not duly recorded.</p> <p>2. Border and coast leagues. The consent of the Federal Executive was essential to the validity of grants within the ten border leagues.</p> <p>3. Trevenio v. Cavasos, 35 Texas, 133, discussed.</p> <p>4. Limitation during war. The court said : “ If there is anything that “ restrains the people of a State from declaring the effect of a state of “ war in suspending the statutes of limitation, it has not yet been so ad- “ j udicated, so far as we are advised, by the courts of the United States, “ nor has it yet been made to appear to our satisfaction.”</p> <p>5. Bender «. Crawford, 88 Texas, 745, concurred in.</p> <p>6. Power of attorney—Evidence. In is not error to exclude a deed offered in evidence made by an attorney whose power is of subsequent date to the deed, but which does not refer to or ratify the deed.</p> <p>7. Verdict—Certainty. Where several tracts are sued for in trespass to try title, and are described in the petition by the date and name of the patentees and number of acres in each tract, a verdict for plaintiff less two of the tracts, described by name of the grantee, is sufficiently certain to allow of a judgment thereon.</p> <p>8. Limitation. In absence of proof of the date of the location and survey of the land sued for, limitation will only run from the date of the patent in favor of defendant in possession under another title.</p>