Meredith v. Coker

Citations

• 65 Tex. 29
• 1885 Tex. LEXIS 344

Syllabus

<p>1. Evidence—Tax deed—Variance.—Plaintiff in trespass to try title relied upon a tax deed, and sought to prove that the jurisdictional prerequisites had been complied with in the sale by producing the tax roll. The land in controversy was the Jos. Shelton survey, and it was admitted that the roll had been changed since the institution of the suit from Joshua to James Shelton. Held:</p> <p>(1) That the survey listed was not that conveyed to plaintiff, and the roll and deed were properly excluded.</p> <p>(2) Independant of constitutional and statutory law, a tax deed does not affect title unless the authority of the maker of the deed is shown by proof of the performance of all precedent requisites. (Bur. on Tax., 332; Cool, on Tax., 353, etc.)</p> <p>(3) The deed alone did not make a prima facie case for plaintiff. (Authorities reviewed.)</p>