Taylor v. Campbell

Citations

• 59 Tex. 315
• 1883 Tex. LEXIS 162

Syllabus

<p>1. Statement of facts — Agreement of counsel.— When, on appeal, the transcript contains an agreement signed by counsel for the parties, of facts which they consented might be offered in evidence, but which does not purport to be a statement of facts signed by counsel and approved by the judge, and there is nothing to show that it was ever in fact ottered in evidence, it will be disregarded. When, on such appeal, there appears no statement of the conclusions of law and fact found by the judge, and there is nothing to show that it was an agreed case under art. 1414, R. S., there being no statement of facts, the presumption is that the judgment below was proper.</p> <p>2 Stale demand.— When a right of action accrued to enforce specific performance of a contract for the sale of land in 1861, and suit was not brought until 1880, and no excuse given for not sooner bringing it, it was held that the demand was stale, and that no performance could be decreed. In the absence of a statute, the longest period of limitations prescribed as a bar to real actions it would seem should bar an action for specific performance.</p>