Davis v. Farnes
Texas Supreme Court
Appeal from Dallas. Tried below before the Hon. N. M. Burford. This was an action of trespass to try title brought by the appellant against the appellee. The title of the plaintiff consisted in a tax deed from the Assessor and Collector of taxes of Dallas county, by whom the land in controversy was sold for the taxes of 1855, at a tax sale held on the 31st day of May, 1856.
1Opinion of the CourtWheelee, C. J.
It appears by the bills of exceptions and statement of facts, that the oral testimony of the assessor was reliéd on to prove the performance of the prerequisites to the sale, and that he was allowed to testify to conclusions both of law and fact. It is quite clear that such testimony was inadmissible and incompetent to prove the proposed facts. But it was admitted by the court; and we cannot say that the ruling of the court admitting it did not prevent the plaintiff from producing better evidence which it may have been in Ms power to produce, competent to *297make the proposed proof. The court…
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