Woods v. Toombs

Citations

• 36 Tex. 85

Syllabus

<p>1. In an action of trespass to try title and for damages, the defendant pleaded not guilty, and also set up title in himself and prayed judgment against the plaintiffs. On the trial, defendant proved that in 1861 he purchased the land from the duly authorized agent of the defendants, and gave his notes for the purchase money, in payment of which notes the agent afterwards accepted Confederate money, and pail the same to C., who was one of the plaintiffs’ vendors, but had not joined in the power of attorney to the agent. Plaintiffs demurred to this evidence. Held, that the evidence was at least legitimate to sustain the defense against being a trespasser, and it was therefore error to sustain the de- • murrer. It seems, however, that as C. was never bound by the sale to the defendant, his acceptance of the Confederate money was of no significance.</p> <p>2. By the Act of May 19th, 1871, objections to witnesses on the score of interest were abrogated.</p>