Dawson v. Ward

Citations

• 71 Tex. 72
• 9 S.W. 106
• 1888 Tex. LEXIS 1102

Syllabus

<p>1. Tax Deed.—Our courts have determined that from, the tax deed no presumption is drawn that the requisite proceedings upon which the power to sell arises have been taken.</p> <p>2. County Tax.—See order by county commissioners court held insufficient as a levy of county tax.</p> <p>3. Cloud Upon Title by a Void Deed—Practice.—The petition alleged the existence of a void tax sale and that it was a cloud upon plaintiff’s title. On the trial a tax deed for the land was produced and there was no testimony to any fact upon which the legality of the tax sale could be based, held that it did not devolve upon the plaintiff to further show the invalidity of the tax deed. It being void no testimony was required to authorize the'court to treat it as invalid.</p> <p>4. Testimony Sufficient.—See testimony to circumstances held competent and sufficient to prove a deed and its contents.</p> <p>5. Partnership to Buy at Tax Sales.—It being lawful to buy at tax sales, a partnership to acquire lands through such sales is legal.</p> <p>6. Limitation of Ten Tears.—That a defendant claimed a pre-emption upon actual residence does not prohibit Mm from acquiring other Lands by possession under the limitation of ten years.</p>