# Keith v. Guedry

> Texas Supreme Court · February 16, 1910 · 103 Tex. 160

URL: https://www.frixlaw.com/law-library/cases/9868799

## Case

- **Full name:** J. F. Keith Et Al. v. Gustan Guedry
- **Court:** Texas Supreme Court
- **Decided:** February 16, 1910
- **Citations:** 103 Tex. 160; 122 S.W. 17; 1910 Tex. LEXIS 273
- **Precedential status:** Published
- **Opinion:** On rehearing
- **Judges:** Brown
- **Cited by:** 8 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9868799

## Opinion text

ON MOTION FOR REHEARING.
In stating its findings of fact the Court of Civil Appeals said, “the evidence tends to show that a certificate was filed with the field notes, but it had not been in the Land Office since the suit was filed and no witness, who testified, had seen it.”- “It may be assumed, as we will for the purpose of this appeal, that neither certificate was ever filed in the Land Office with the field notes of the survey.”
It will be seen that the case was presented to this court upon the *169 assumption of a fact which was equivalent to a finding by the Court of Civil Appeals and, in preparing the opinion, the fact was stated to be as it was assumed to be. The defendant in error files a motion for rehearing requesting a correction of the statement. We make the statement so that no prejudice to defendant in error may occur therefrom, but the opinion correctly states the substance of the finding of the Honorable Court of Civil Appeals. The motion will be overruled.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9868799. Public record. Not legal advice.