McDaniel v. Weiss

Texas Supreme Court

McDaniel v. Weiss

53 Tex. 257, 1880 Tex. LEXIS 65

CourtTexas Supreme Court

DecidedApril 27, 1880

DocketCase No. 4106

StatusPublished

Cited by7 cases

This text of 53 Tex. 257 (McDaniel v. Weiss) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

McDaniel v. Weiss, 53 Tex. 257, 1880 Tex. LEXIS 65 (Tex. 1880).

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Opinion

Gould, Associate Justice.

The duly certified copy from the records of the district court of Jefferson county, of a judgment rendered in said court, was admissible in evidence without the aid of the statute making duly recorded instruments admissible, and consequently was not affected by the proviso requiring such instruments to be filed among the papers three days before the commencement of trial. R. C., 2257; Winters v. Laird, 27 Tex., 618.

In our opinion there is one ground on which the judgment of the court may have been founded and must be supported. The evidence was, we think, sufficient to support a finding that Wm. G. and S. A. McDaniel were husband and wife at the time the title to the land was made in her name, and as there was nothing to show the contrary, the evidence was sufficient to support the further finding that the land was community property and subject to the execution against W. G. McDaniel. Zorn v. Tarver, 45 Tex., 520; Cooke v. Bremond, 27 Tex., 457; Veramendi v. Hutchins, 48 Tex., 550, and cases there cited.

As our opinion is that the judgment should be affirmed on this ground, it becomes unnecessary to inquire whether it might be supported on the ground of a judgment lien.

Affirmed.

[Opinion delivered April 27, 1880.]

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Gould, Associate Justice.

The duly certified copy from the records of the district court of Jefferson county, of a judgment rendered in said court, was admissible in evidence without the aid of the statute making duly recorded instruments admissible, and consequently was not affected by the proviso requiring such instruments to be filed among the papers three days before the commencement of trial. R. C., 2257; Winters v. Laird, 27 Tex., 618.

In our opinion there is one ground on which the judgment of the court may have been founded and must be supported. The evidence was, we think, sufficient to support a finding that Wm. G. and S. A. McDaniel were husband and wife at the time the title to the land was made in her name, and as there was nothing to show the contrary, the evidence was sufficient to support the further finding that the land was community property and subject to the execution against W. G. McDaniel. Zorn v. Tarver, 45 Tex., 520; Cooke v. Bremond, 27 Tex., 457; Veramendi v. Hutchins, 48 Tex., 550, and cases there cited.

As our opinion is that the judgment should be affirmed on this ground, it becomes unnecessary to inquire whether it might be supported on the ground of a judgment lien.

Affirmed.

[Opinion delivered April 27, 1880.]

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Bluebook (online)

53 Tex. 257, 1880 Tex. LEXIS 65, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcdaniel-v-weiss-tex-1880.

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