Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42. Page: 146
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146 McPHrAIL v. BURRIS. [Tyler Term,
Opinion of the court.
As both parties claimed under the same source of title,
of which the certificate to Ward was the foundation, the
recitals in it were legitimate evidence for or against either
These suggestions are sufficient to show that the title
to the certificate had passed from Ward to Burriss long
before the tax sale upon which the appellant rests his
But, as appellant made no effort to show that the prerequisites
to the exercise of the power to make the sale
had been complied with by the assessor, the tax title introduced
by them furnished no evidence of title to the land
in favor of the parties claiming under it. And as in the
deed from Ward to appellee, executed in 1854, he admits
appellee was the owner of all the land not conveyed to
him by said deed, which admission is sufficient evidence
of title to the land sued for to warrant its recovery against
mere trespassers seeking to defend under Ward's title,
which is the position of appellant, without proof of the
facts necessary to support the tax title, it follows, even
if Ward's deed for the certificate was admitted to be void,
the judgment in favor of appellee is still correct. The
law making the assessor's deed prima facie evidence that
all the prerequisites to the exercise of the power to sell
the land for taxes had been complied with, was enacted
long subsequent to the sale of the land by the assessor
and the execution of the deed here in question. To give
this subsequent statute application to tils deed, and thereby
vary and enlarge its legal import from that which it had
when enacted, would bring the law in conflict with that
provision of the Constitution which forbids the passage by
the Legislature of retrospective laws.
Other objections made to the judgment present no question
which need be discussed.
There is no error in the judgment, and it is therefore
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42., book, 1881; St. Louis, Mo.. (texashistory.unt.edu/ark:/67531/metapth28531/m1/154/: accessed July 20, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .