Ryan v. Lofton

On Motion for Rehearing.

Appellant in his motion cites us to a number of Texas decisions, many of them by our Supreme Court, which he urgently insists sustain his contention that, in order to take a parol gift or parol sale out of the statute of frauds (article 3965, § 4, Vernon’s Sayles’ Texas Civil Statutes), possession alone, with payment, in case of a sale, of purchase price, in part or in whole, by the vendee, will not suffice, but there must also be shown valuable improvements made by the latter with the knowledge and consent of the former. Hence it is urged that we were in error in…