US SUPREME COURT DECISIONS

It is the duty of the court to determine the competency of evidence and to decide all legal questions that arise in the progress of a trial, and consequently, chanrobles.com-red

Page 65 U. S. 225

when assuming that all the testimony adduced by the one or the other party is true, it does or does not support his issue, its duty is to declare this clearly and directly. Whether there be any evidence is a question for the judge; whether there be sufficient evidence is for the jury.

Therefore, where, in a land suit in Texas, the defendants pleaded the statute of limitations and the documentary evidence showed that neither the plea of five years' possession nor three years' possession (see preceding case in this volume) could be sustained, it was erroneous for the judge to leave that question to the jury.

It was also error in the judge to exclude testimony to show that the deed was fraudulent under which the defendant claimed. The Supreme Court of Texas has decided that conveyances made with an intent to defraud creditors are void.

The decision of the court upon another point having been favorable to the plaintiff, he has no cause of complaint against the ruling of the court.

This was a petition by Chandler in the nature of an action of trespass, as well to try title to a certain league of land in Texas as to recover damages.

The nature of the case and the rulings of the court below are stated in the opinion of the Court.