Murphy v. Stell

Citations

• 43 Tex. 123

Syllabus

<p>1. Practice—Pleading.—In a suit to correct alleged errors in an account settled and closed by note, in which the petition did not contain . specific allegations of error, and the defendant took no exceptions to the petition, nor excepted to evidence adduced showing errors in the account, it is too late to take advantage of the insufficiency of the petition on appeal.</p> <p>2. Conflict of testimony—Appeal.—Where there was a conflict of testimony before the jury, on appeal the appellee is entitled to the benefit of all the facts which are fairly and reasonably established by the testimony in the record tending most strongly to support, the judgment.</p> <p>3. See testimony held insufficient to sustain a verdict.</p> <p>4. Pleadings—Parol contract.—Unless it affirmatively appear that a contract was in parol, the objection that it is in violation of the statute of frauds cannot be taken by demurrer or exceptions.</p> <p>5. Parol sale of lands.—To sustain a parol gift of lands, followed by possession and large expenditure in improvements thereon by the grantee, it is necessary that the terms and conditions of such contract be clear and free from ambiguity, and that possession was taken and improvements made on the strength of it. Permissive occupation by the father, and expectation of a gift by the son, will not be sufficient to bring the ease within the rule.</p>