44 Tex. 91 | Tex. | 1875
This suit was brought to recover a tract of land described in the pleadings. On the 16th day of July, 1875, the attorneys for both parties made and filed in the cause an agreement about the heirship of plaintiffs and other facts relied upon by plaintiff, and on behalf of defendant it is stipulated that he went into possession at a certain day and has remained in possession up to date. On the 17th day of July plaintiff filed a replication to defendant’s answer to meet the statute of limitations, alleging that some of the plaintiffs were married women and minors. It appears from a bill of exceptions contained in the record that upon a question arising between the parties as to the legal effect of the agreement filed and as to what
Plaintiff offered the agreement in evidence, and upon objections it was ruled out. There is no statement of facts other than what is contained in the bill of exceptions.
There was a judgment for defendant. It is insisted that the court erred in not allowing the agreement to be read. It is true that admissions of record are binding upon parties and may be invoked against them in a proper case ; hut this must be understood to refer to admissions that are
In the answer to the motion the plaintiff does not controvert the fact that the agreement does not speak the truth, but relies upon its being a written agreement, and that defendant’s counsel, in place of getting an advantage, as he thought he had, had found himself mistaken in the law arising upon the matters contained in the agreement. We believe that in a case like this, and especially after plaintiff’s counsel had first asked to withdraw the agreement, that it was not error for the court to annul the agreement or allow the defendant to free himself from it, and after this had been done it was not error to refuse to allow it to be introduced in evidence. There being no error in the judgment, it is affirmed.
Affirmed.