Hearsay Exception Applies To Deed’s Recitals

In this forcible detainer case, the defendant objected to the entry into evidence of the deed at issue.  While stipulating to the deed’s existence, the defendant argued that the court should exclude the deed’s recitals because they were hearsay.  The Court of Appeals rejected this argument and pointed to Texas Rule of Evidence 803(15), which provides a hearsay exception to “a document purporting to establish or affect an interest in property.”  Because the Court found that the recitals were “germane to the purpose of the document,” it affirmed the trial court’s decision to admit the deed in its entirety.

Mason v. Wells Fargo Bank