Ogden & Johnson v. Henry Bosse

Summary

The Texas Supreme Court affirmed the district court judgment for Henry Bosse, holding that (1) the names "Busse" and "Bosse" are idem sonans and may be treated as the same; (2) deeds introduced by a plaintiff solely to prove a common source of title are not evidence of the defendant's title unless the defendant offers them; (3) Article 4802, Revised Statutes, merely declares the common law rule and applies to both certified copies and original deeds; and (4) Bosse, having title from the common source and the defendants' mortgage predating his title but unproven, is entitled to possession of the land.