22 Tex. 285 | Tex. | 1858
It is scarcely necessary to say, that the deposition of the Commissioner of the General Land Office, was not admissible to prove the records of his office. But it was certainly competent to prove, by the witness, Hilliard, or any other witness, who was in possession of competent information of the fact, whether the original south-east corner of the inner town tract of the town, had been, or could be, found and established. The objection to the evidence, appears to have proceeded upon the ground, that the report and testimony of
We are of opinion, that there was error in the charge of the coru’t, as applied to the evidence, in making the south-east corner of the town tract a controlling call; for which, the judgment must be reversed, and the cause remanded.
Reversed and remanded.