Curtis v. Wilson

<p>1. Trespass to Try Title — Common Source. — Where plaintiffs in trespass to try title prove a deed from G. to 0., and that they are the heirs of 0., and the defendants, in a plea of improvements in good faith, allege that they claim under one S., to whom 0. had willed the property, it is thus apparent that both parties claim under 0., and under the deed from G., and plaintiffs need not deraign title from the sovereignty of the soil.</p> <p>2. Evidence of Transaction with Decedent — Statute does not Include Actions Against Legatees.—Article 2248 of the Revised Statutes, which inhibits a party to a suit by or against the heirs or legal representatives of a decedent from testifying therein against the other party as to transactions with or statements by such decedent, does not extend to actions by or against legatees.</p> <p>3. Practice—Parties Made Defendants on Motion, When.—Where plaintiffs dismissed as to certain defendants who claimed an interest in the property in controversy, it was within the discretion of the court to permit the parties so dismissed to be made defendants upon application of the remaining defendants.</p> <p>4. Evidence—Res Gestae—Declarations as to Character of Possession.—Where defendants in trespass to try title pleaded title by limitation in one S., then deceased, it was competent for them to prove the declarations of S. made while in possession and explanatory thereof, as showing that such possession was under adverse claim.</p> <p>ON REHEARING.</p> <p>5. Common Source of Title Shown, How.—Where plaintiffs claimed as the heirs of C., and it appeared from the record on appeal that a witness testified on the trial that one S. claimed the property as surviving wife of C., and it further appeared that at the instance of the defendants an objection was sustained to certain evidence offered by plaintiffs, on the ground that defendants claimed the property as legatees of S., held, that it was thus apparent that both parties claimed under 0.</p>