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: 396
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396 WOOD v. WELDER. [Term of
indicted jointly with them, and the jury might, no doubt, have
inferred, under some phases of the case, that lie was in complicity
with the other parties charged with the offense, for
which the indictment was found. If so, the jury should have
been instructed that his testimony would not warrant a conviction
unless corroborated by other evidence tending to connect
appellants with the offense committed. No instruction
on this view of the case was asked. But though not asked for,
as it was applicable to the case, it was, as has been often held,
imperative upon the court to have given it.
The judgment is reversed and the cause remanded.
Reversed and remanded.
JOHN HE. WOOD v. JOHN WELDER.
1. TESTIMONIO-RECORDS. A testimonio to be admitted in evidence must
be proved, and to be admitted to record must have the due authentication
attached. A record without such certificate of authentication has
no effect and is not duly recorded.
2. BORDER AND COAST LEAGUES. The consent of the Federal Executive
was essential to the validity of grants within the ten border leagues.
3. Trevenio v. Cavasos, 35 Texas, 133, discussed.
4. LIMITATION DURING WAR. The court said : "If there is anything that
"restrains the people of a State from declaring the effect of a state of
"war in suspending the statutes of limitation, it has not yet been so ad"judicated,
so far as we are advised, by the courts of the United States,
"nor has it yet been made to appear to our satisfaction."
5. Bender v. Crawford, 33 Texas, 745, concurred in.
6. POWER OF ATTORNEY-EVIDENCE. It is not error to exclude a deed
offered in evidence made by an attorney whose power is of subsequent
date to the deed, but which does not refer to or ratify the deed.
7. VERDICT-CERTAINTY. Where several tracts are sued for in trespass to
try title, and are described in the petition by the date and name of the
patentees and number of acres in each tract, a verdict for plaintiff less
two of the tracts, described by name of the grantee, is sufficiently certain
to allow of a judgment thereon.
8. LIMITATION. In absence of proof of the date of the location and survey
of the land sued for, limitation will only run from the date of the patent
in favor of defendant in possession under another title.
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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/m1/404/: accessed April 30, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .