Miller v. Wybrants

Decided July 1, 1882

Texas Commission of Appeals · decided 1882-07-01

Opinion by Delaney, J. Statement.— This suit was brought by appellant against appellee to recover a half interest in a tract of land of one hundred and thirty-three acres in Bell county, and for partition. The petition was filed August 29, 1877. October 5, 1877, defendant answered by a general denial and plea of not guilty. March 26,1878, W. J. McDowell intervened, claiming a half interest in the land.

Decided 1882-07-01

¶1Opinion.— Our opinion is that there is no error in the judgment of the court below.

¶2The assignments of error are so vague as not to indicate very definitely the grounds of this appeal.

¶3Counsel for appellant suggest in their brief that the deed from Daniels and wife to Flowery did not pass title to the certificate by virtue of which the land was located. It should have been objected to when it was offered in evidence. Mrs. Daniels denied executing the deed, but this amounts to nothing. See Williams v. Powers, 48 Tex., 141; Hartley v. Frosh, 6 Tex., 108.

¶4In our opinion the judgment should be affirmed, and it. is so ordered.

¶5Affirmed.