The Texas Reports; Cases Adjudged in the Supreme Court Volume 96

The Texas Reports; Cases Adjudged in the Supreme Court Volume 96

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1904 edition. Excerpt: ...assignees have continued, many of them for twenty years, to make payments to the State in compliance with their contracts. In this case the holders of such a title are put upon proof of the correctness of representations made by the original purchaser many years after the purchase and after the passage of the validating act, and the same thing may be done in any such case for years to come, if the statute, expressly intended to settle titles, permits it. The consequences must at once excite a careful inquiry into the correctness of a construction from which they would flow, and such construction should clearly appear to be necessary before it is adopted. The point under discussion was undoubtedly involved in the case of Collyns v. Cain, supra, and was decided by the Court of Civil Appeals. The application for writ of error presented to this court did not question the construction put upon the statute. On the contrary, the complaint was that the evidence introduced, on the question of fraud vel non, was insufficient to prove fraud and established good faith. One of the assignments, that the plaintiff in that case ought to have recovered upon his prior possession against a trespasser, may have incidentally involved the question, but it was not in the mind of the draughtsmen of the application or of the court, so we can not regard that case as a precedent which we must follow. We answer that appellce's title in this action does not depend upon the good faith of Smissen in making his application to purchase. The second question becomes immaterial. Eamzsr NOLAN ET AL. v. LULA H. Mooas: I-: r AL. No. 1199. Decided March 16, 1903. Married Woman-Conveyance by Attorney--Joinder of Husband. A married woman, by a. power of attorney executed and...show more

Product details

  • Paperback | 348 pages
  • 189 x 246 x 18mm | 621g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236834275
  • 9781236834270