Reports of cases argued and decided in the Supreme Court of the State of Texas during December term, 1848. Volume 3. Page: 43
vi, 659 [660] ; 22 cm.View a full description of this book.
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TOMPKINS & CO. VS. BENNETT, ADI'R. 43
were proper to admit the evidence for the purpose for which it
was offered, there was no error in rejecting that which was
offered to prove the ownership of the real estate in Galveston,
because being parol, it was not the best evidence of the fact.
[1 Phil. Ev. 418 and notes; 1 Peters, 591, 596.]
If the discharge was good in Louisiana, it was good everywhere,
especially in regard to this debt. The record shows that
it was a debt contracted in the United States, to be paid in the
United States, and a law of the United States declared it to be
paid off and obliterated, so far as the bankrupt was concerned,
by delivering up his property for its payment. When this suit
was commenced, there was no existing debt between the parties.
[Story's Confl. sec. 340.]
If, however, the proposition were admitted to the fullest extent,
that acts under bankrupt laws have no extra-territorial
validity, and that a discharge under the bankrupt laws of the
United States could not be pleaded in bar to a'suit commenced
here previous to annexation, still upon another ground the
plaintiff was not entitled to recover in this case, and the judgment
must be affirmed. There is no proof that the account
was presented-to the administrator previous to the institution
of the suit. The petition alleges that it was so presented, but
that allegation being denied, it was essential to a recovery by
the plaintiff that it should be proved. [Probate Law, 1840,
p. 116, sec. 17; Graham vs. Vining, 1 Texas R. 639, 669.]
Opinion of the court by Mr. Justice LIPscomB.
The first point presented for our consideration by the plaintiffs
in error, in which it is supposed by them that the court below
erred, is in admitting the record of the discharge of Hall
in. bankruptcy, under the plea. The evidence objected to is an
entire and full record of the proceedings of the district court
of the United States for the district of Louisiana, on the petition
of William Hall to be declared a bankrupt. Every thing
appears to have been done in strict accordance with the requisitions
of the bankrupt laWv. The petition of Hall was filed
the 9th February, 1843, and the decree of the court was entered
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Texas. Supreme Court. Reports of cases argued and decided in the Supreme Court of the State of Texas during December term, 1848. Volume 3., book, 1881; St. Louis, Mo.. (https://texashistory.unt.edu/ark:/67531/metapth28571/m1/49/: accessed April 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .