Appeal from Williamson. Tried below before the Hon. W. A. Blackburn.

Suit in trespass to try title to six hundred and forty acres of land in Williamson county. The suit was brought June 25, 1878, by William Weiss and Lou E. Weiss, his wife, against William G. McDaniel, his wife Susan A. McDaniel, and J. W. McDaniel. There was no service had on J. W. McDaniel, and the suit as to him was dismissed. September 9, 1878, defendants William G. and Susan A. McDaniel filed their original answer consisting of a plea of not guilty. January 30, 1880, death of Lou E. Weiss suggested, and William Weiss asked to be made a party plaintiff, as executor of her last will. William Weiss was made a party plaintiff, as executor. January 31, 1880, the cause was tried by the court, the parties having waived a jury. Plaintiff Weiss introduced in proof of his title to the land:

1. Certified copy of deed from the administrator of Margaret McDaniel, deceased, to William G. McDaniel, of date July 20, 1858, conveying the land in controversy.

2. Certified copy of deed from William G. McDaniel to William P. McDaniel, of date February 1, 1867, conveying same land.

3. Certified copy of deed from William P. McDaniel to Susan A. McDaniel, of date September 2, 1874, conveying same land.

The foregoing certified copies were introduced by plaintiffs to prove a common source of title, and were objected as evidence by the defendants, and the objections were overruled and defendants excepted.

4. A paper purporting to be a certified copy of a judgment of the district court of Jefferson county, Texas, rendered on the 29th of November, 1870, in cause No. 495, in favor of William McFaddin, Executor, etc., v. Bendy, McDaniel and Hyde, for $2,355.22 and costs. This paper purports to be certified to by the district clerk of Jefferson county, and was filed in the cause January 28, 1880. Defendants objected to this paper being read in evidence. Objections overruled, and defendants excepted.

5. A certified copy of the record of that judgment, taken from the records of Williamson county, and certified by the county clerk of that county to be a copy of the record of the judgment in his office. This paper shows that the judgment was filed for record in the county clerk’s office of Williamson county, March 17,1871, and recorded there April 12, 1871. Defendants objected to the introduction in evidence of this paper. Objections overruled, and defendants excepted.

6. A certified copy of an execution issued upon that judgment April 24, 1871, together with the indorsements thereon.

7. A certified copy of another execution issued upon said judgment February 15, 1878, together with the indorsements thereon.

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