Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42. Page: 352
The following text was automatically extracted from the image on this page using optical character recognition software:
352 TROTTI V. HOBBY & POST. [Term of
Opinion of the Court.
" town of Jasper, Texas, containing eighty-one acres, more or
'" less, purchased of F. Hollman and wife, known as the Trotti
Hollman was called to identify the tract, as the same land
which plaintiffs sought to subject to a judgment of foreclosure.
The bill of exceptions shows that defendant objected to the evidence
of witness, on the ground that the deed was the best evidence,
and that plaintiffs had not laid the foundation for the
introduction of secondary evidence. The deed itself was unquestionably
the best evidence; defendant, however, prevented
plaintiffs from giving it in evidence by retaining it in his own
possession; and plaintiffs, on the 17th of July, eight days before
the trial, laid the foundation for the introduction of secondary
evidence, by serving notice on defendant to produce the
deed on the trial, or secondary evidence would be given of its
contents. The court properly overruled the objection to the
There was no error in sustaining plaintiffs' exception to the
statements of defendant relative to the purchase of goods with
the two-thirds of the ten bales of cotton, sold in February,
1869, and with the knowledge of plaintiffs; this evidence was
irrelevant, and could not legitimately have any influence on the
questions in issue before the court and jury, unless it were to
help in confusing the jury, or some portion of them. The next
question presented is, was there error in the court permitting
plaintiffs to amend their petition after the parties had announced
themselves ready for trial, and the plaintiffs and defendant
had closed their evidence ? It is shown by defendant's
bill of exceptions that the witness Hollman, in his
evidence, stated that in the deed from himself and wife to
Trotti, there was no other exception than the one mentioned
in plaintiffs' supposed copy of the deed. After the plaintiffs had
closed their testimony, defendant entered on his, and having
called the witness Hollman, he presented to him for identification
the original deed, which Hollman recognized as the one
executed by himself and wife to defendant, who then read it
Here’s what’s next.
This book can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Book.
Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42., book, 1881; St. Louis, Mo.. (texashistory.unt.edu/ark:/67531/metapth28531/m1/360/: accessed October 22, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .