Railway v. Dunham, 68 Texas, 231 311 406 482 67, 490 Railway v. Geiger, 79 Texas, 21. 18 Railway v. Gilchrist, 4 Wash., 509 432 Railway v. Gordon, 70 Texas, 89.. 461 Railway v. Greeley, 23 N. H., 242 432 Railway v. Harrington, 62 Texas, Railway v. Harris, 122 U. S., 597 463 Railway v. Haynes, 82 Texas, 456 24 Railway v. Hudson, 77 Texas, 497 311 Railway v. Hunt, 67 Texas, 474.. 580 Railway v. Parker, 50 Texas, 346. 332 Railway v. Phillips, 37 S. W. Rep., Railway v. Porter, 73 Texas, 304.. 555 Railway v. Prentice, 1 U. S., 101... 463 Railway v. Rawlins, 80 Texas, 580 155 Railway v. Reed, 88 Texas, 439.. 18 Railway v. Rawlins, 80 Texas, 581 50 Railway v. Rider, 62 Texas, 267.. Railway v. Wright, 1 Texas Civ. App., 403 512 294 503 108 Rainbolt v. March, 52 Texas, 251. 487 520 538 Slavin v. Wheeler, 61 Texas, 654.. 459 Slayden v. Sanger, 26 S. W. Rep., 848 64 279 Smith v. Davis, 47 S. W. Rep., 104 233 209 50 PAGE State v. Goodwin, 69 Texas, 58... 121 452 Stroud v. Hawkins, 4 Texas Ct. Ullman v. Jasper, 70 Texas, 452.. 127 519 Sullivan v. Railway, 2 So. Rep., 586 297 Summer v. Crawford, 91 Texas, 129 Von Rosenberg V. Cuellar, 80 Voss v. Terrell, 34 S. W. Rep., 171 468 467 7 Waggoner v. Wise County, 43 S. W. Rep., 836 Walker v. Caradine, 78 Texas, 489 210 Wallace v. Campbell, 54 Texas, 87 252 Waller County v. Rankin, 35 S. W. 593 Rep., 876 Warder v. Henry, 23 S. W. Rep., 349 527 613 780 429 Ware v. Bennett, 18 Texas, 794.. 388 Washburn v. Railway, 59 Wis., 364 432 Washington v. Bank, 64 Texas, 6.. 435 Washington v. Railway, 90 Texas, 349 Telegraph Co. v. Hays, 28 Texas Civ. App., 67 594 320 .581, 584 165 Telegraph Co. v. Hays, 63 S. W. Watts v. Du Bois, 66 S. W. Rep., Telegraph Co. v. Karr, 24 S. W. Rep., 302 594 Telegraph Co. V. Mitchell, 91 698 626 Webb v. Maxan, 11 Texas, 678 294 Weems v. Masterson, 80 Texas, 45 519 Wetz v. Wetz, 3 Texas Ct. Rep., Whitehead v. Peck, 1 Kelly (Ga), 223 76 367 209 Tennant v. Fawcett, 66 S. W. Rep., 80 64 Tennant v. Fawcett, 58 S. W. Williams v. Sapieha, 94 Texas, 430 541 Wilson v. Railway, 58 S. W. Rep., 183 577 Wilson v. Simpson, 80 Texas, 279 523 Winston v. State, 32 Texas Ct. 64 Rep., 59 468 Witt v. Kaufman, 25 Texas Supp., 386 155 Woeltz v. Woeltz, 93 Texas, 548.. 576 Wofford v. Farmer, 90 Texas, 651. 438 Woods v. What Cheer Lodge, 35 226 Atl. Rep., 1045 Thiel v. Kennedy, 84 N. W. Rep., Civ. App., 398 77 294 316 82 Wooten v. Arledge, 54 Texas, 395 340 TEXAS CIVIL APPEALS REPORTS. TEXAS TRAM AND LUMBER COMPANY v. MARY E. GWIN ET AL. Decided February 11, 1902. 1.-Deed-Presumption-Issue and Charge. Evidence showing a claim to land not accompanied by possession for sixty years by one party, and nonclaim for the same time under the adverse title, held to present no issue as to presumption of a deed to support the claim, and to justify a refusal of instructions as to such presumption, the true question being whether a conveyance was established by circumstantial evidence. 2.-Same-Evidence of Lost Deed Insufficient. Evidence held to warrant a finding that a deed, sought to be established by circumstantial evidence, was not so established. 3. Same-Issue Not Raised. Where there was evidence showing a deed, but not fixing its date, this did not warrant the submission of the issue as to whether it was made prior to another deed by the same grantor to another person. 4. Same-Administrator's Sale. Evidence held not to authorize the submission of an issue as to a sale by an administrator of land not inventoried or mentioned in the proceedings of the probate court relating to the estate. 5.-Community Property-Stale Demand. The claim of the surviving wife in the community property is not obnoxious to the objection of stale demand. 6.-Evidence-Indorsement-Protocol. An indorsement upon the protocol of an original grant, giving the name of a different grantee from the one mentioned in the instrument, is not admissible in evidence. 7.-Deed-Evidence-Trespass to Try Title. Where the evidence offered to show the existence of a deed from the original grantee to one under whom defendant claimed did not fix its date as prior to the deed by such original grantee to one whose title was held by plaintiff, it was not admissible. 8.-Innocent Purchaser-Notice-Recitals in Chain of Title. A party charged by the recitals in his own chain of title with notice of an adverse title can not be an innocent purchaser as to such latter title. 9.-Trespass to Try Title-Payment of Taxes-Nonclaim. Evidence that plaintiffs in trespass to try title had not, since the filing of their suit, paid taxes on the land, was not admissible to show nonclaim as evidence of title in defendant. 10.-Deed-Lost Instrument-Evidence. An unsigned memorandum of land conveyances, without date or authentication, found among the papers of a remote grantor of the defendant, was not admissible as evidence to show the existence of a deed such as was mentioned therein. Vol. 29 Civil-1. |