Summary

Portrait of Stephen Johnson Field Stephen Johnson Field Younge v. Guilbeau — Opinion of the Court

The State of Texas has provided by her legislation, as has been done in other States, a system for the registry of deeds and conveyances affecting the title to real property; and in connection with it, has modified, in some particulars, the rule of the common law with respect to the proof of their execution, when produced in the course of legal proceedings.
Source: Wikisource

Portrait of Stephen Johnson Field Stephen Johnson Field Younge v. Guilbeau — Opinion of the Court

It was not intended to give to the copy produced under such circumstances greater weight than to the original itself. To avail himself, therefore, of the statute, the party must, in all cases, file as therein prescribed, the original or the copy from the record, and give notice of the filing; and even then the statutory proof will be insufficient, if the affidavit alleging a belief of its forgery be made. Such affidavit being filed, the party relying upon the deed must make proof of its execution, with all its essential formalities, as required by the rule of the common law.
Source: Wikisource

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