Garner v. Lasker

Citations

• 71 Tex. 431
• 9 S.W. 332
• 1888 Tex. LEXIS 1162

Syllabus

<p>1. Trespass to try Title—Common Source.—A void tax deed purporting to evidence a sale of the land in controversy for the non-payment of taxes upon the land, as the property of the owner through whom both parties claim is admissible to show such common source, the defendant claiming under the tax deed.</p> <p>2. Power to Sell—May be Presumed as an Ancient Instrument,— Generally where a deed would be evidenced as an ancient instrument without proof of its execution the power under which it purports to have been executed will be presumed. (Harrison v. McMurray, supra.)</p> <p>3. Same.—Facts held sufficient to support the presumption of a power taken with its age.</p>