The court overruled these objections, and admitted the exemplified copy in evidence, and this the plaintiff excepted. The defendants then put in evidence a duly examined copy said act sale, made and proved a witness who tested the accuracy the copy the original in the archives and records the custodian notarial records in New Orleans, and who testified that was a true copy the original. The contents the examined copy are the same as those the exemplified copy hereinbefore mentioned. The defendants then proved that the firm Marshall James paid taxes for the year i the lands sued for, and ail back taxes which had accrued and remained unpaid, and further that John Marshall, individually, as long best thesis editing services as lived, and after his death his estate, paid ail taxes on said lands from and including the year the year, and that John Marshall redeemed one tract said land, namely, the Sanders tract, from a sale made the state for taxes due thereon for the year, and also paid taxes due said tract for the year. The defendant introduced no other evidence. The plaintiff then called McMorrow and O'Donnell, and offered prove them that his vendor, McMorrow, had no notice at the time he purchased said lands the existence said act sale June, and that was a subsequent purchaser for a valuable consideration. The defendants objected this testimony for the reason that the plaintiff's action was at law, and that this evidence was cognizable only in equity, and again that the plaintiff had not pleaded, and therefore could not prove, that his vendor purchased said lands for a valuable consideration, and without notice said act sale. The court permitted the witnesses dissertation coaching examined, reserving its ruling upon the objections.
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The defendants then offered testimony certain other witnesses, which, however, does not appear material.
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The court took the cause under advisement, essay writing company reviews and finally sustained defendants objections the plaintiff's contention that his vendor was a subsequent purchaser for a valuable consideration, without notice of the unrecorded act sale James Marshall, admitted the act sale over plaintiff's objection, and custom english essays thereupon made a final and generai finding the facts and the law for the defendants, which ruling and finding the plaintiff excepted.
Thereupon the court rendered judgment against the plaintiff, that take nothing this suit, and in favor the defendants, that they hence without day, and that the defendants have and recover costs, etc.
The proceeding for partition, which attempted try questions title before the court, was treated opposing counsel ail accomplished members the Texas bar as unquestionably appropriate under the law Texas. We have the authority Chancellor Kent for stating that the writ partition, as enacted St. Henry VIII, has been gradually re-enacted and adopted, coursework writing help with probably enlarged facilities for partition, in the European Union. Further, does not appear that the question possession entered into this controversy otherwise a disseisin or adverse possession might, under the generai rule, bar a suit for partition long as the ouster continued.
Commentaries, footnote. For a discussion the subject, see Bearden Benner. We assume, then, that is competent adjudicate the conflicting titles upon the proceeding before the court.
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The cause, when removed, proceeded without objection the law side in the circuit court. The issues presented and passed upon were legal issues, the case submitted here presents only issues at law, and follows that, this writ error, are restricted to considerations depending upon the legal title. This, appears, must resolved in favor the plaintiff in the court below, who the plaintiff in error here. Ail the conveyances the land described in the petition, from Gentry, who had succeeded assignment the title the original patentees, placed the title, not in the partnership firm, Marshall James, but in John Marshall custom speech writing and James. Àbout this there can no question. The deeds are explicit the descriptions the land, definite ahd precise. It equally unquestionable that Amadee De Gasquet James assignment writing service usa was the sole heir James, and that the defendants Martha Wysong, Louise Pollock, and Marie Marshall are the sole heirs and devisees John Marshall and his wife, Eveline Marshall.
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