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: 698
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STATUTE OF FRAUDS-Continued.
session of the land having been delivered, is sufficient as a payment to
take the contract out of the statute of frauds.
2. See case of parol sale of land enforced. Castleman v. Sherry, 59.
See facts in opinion held not sufficient to entitle one to maintain a
suit in his own name on a claim alleged by him to have been paid for a
third party. Sorrel v. Clayton, 188.
1. An indictment for obtaining property by fraudulent representations
should charge in terms that the property was acquired by means
of the fraudulent representations. It is not sufficient to allege that the
owner was swindled out of value of the property by means of the
fraudulent representations. Epperson v. The State, 79.
2. In a trial for passing a forged or worthless check for good, and
there is no evidence tending to show that the defendant obtained the
check from some other party, it is not error to instruct the jury "that
"if the defendant got the check from another, it devolved on him to
"show it;" the court having instructed the jury that knowledge of
the worthlessness of the draft was a material element of the offense.
Sherwood v. The State, 498.
TAXES AND TAX SALES.
EVIDENCE, 1, 2.
1. The Act of February 11, 1860 (Paschal's Digest, 5188), making the
assessor's deed prima facie evidence that all the prerequisites of the
exercise of the power to sell land for taxes had been complied with, does
not enlarge the legal import of a tax deed made prior to the passage of
such law, Such law will not be given a retrospective effect. McPhail v.
2. Under the Act of November 10, 1866 (Paschal's Digest, 7486), taxes
are not dependent on the amount of gross sales, but on the income derived
from sales of goods made in excess of their cost, after deducting from
the income or profits the expenses, etc., allowed by statute. Millar v.
3. The repeal, June 3, 1873, of former tax laws did not relinquish the
right of the State to recover taxes previously levied but not collected.
Clegg v. The State, 605.
4. Although the Constitution, by its adoption, December 3, 1869, became
operative, yet the de facto ministerial and executive officers exercising
authority and deriving color of authority from the preexisting
provisional government were not superseded until the organization of
the State government; and the assessment of taxes made for 1870 by the
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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/m1/706/: accessed September 21, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .