Osterman v. Baldwin

Messrs. Adams, Coombs, and Ballinger, for the appellants: 1. The evidence of the deed's having issued, greatly preponderates over that of its having not issued. The possession by the company among its papers, of the certificates, the only evidence of individual ownership, an the testimony of the secretary of the company, offered a strong presumption that there was a deed. The purpose of conveying to Holman was that a deed should issue to him. It matters not, however, as respects this branch of the defence, whether Holman's title were legal or equitable, if he had the real title–of any kind. Equities can be levied on in Texas as well as legal estates.