Texas Supreme Court

Houston Oil Company of Texas v. Walter E. Kimball

January 19, 1910103 Tex. 94

Summary

The Texas Supreme Court affirmed the lower courts, holding that the burden of proof rests on claimants under an unrecorded deed to show notice or lack of valuable consideration, that a certified copy of a recorded deed is admissible without proof of execution yet may be rebutted as forged, that long nonclaim does not constitute evidence of forgery, that an error must be apparent on the face of the record and fundamental to be reversible, and that a deed’s description is sufficient when it incorporates the original grant and field notes.