Allen v. Woodson
Texas Supreme Court
Appeal from. Houston. Tried below before the Hon. John E. Kennard. The only contest in the trial of this case in the district court was upon the issue whether or not appellee Woodson had so paid the tax due on the land he claimed as to sustain his defense under the five years’ statute of limitation; and as to that, the sole question left in' doubt by the evidence was: Had he so paid the tax for the year 1874? Appellee Woodson, to prove payment of the taxes for the year 1874,…
Read the full summary
Appeal from. Houston. Tried below before the Hon. John E. Kennard. The only contest in the trial of this case in the district court was upon the issue whether or not appellee Woodson had so paid the tax due on the land he claimed as to sustain his defense under the five years’ statute of limitation; and as to that, the sole question left in' doubt by the evidence was: Had he so paid the tax for the year 1874? Appellee Woodson, to prove payment of the taxes for the year 1874, relied on his own testimony. This was to the effect that he paid his taxes on the tract in controversy, and all of his…
1Opinion of the Court
West, Associate Justice.
The main question in the case is, Did the proof authorize the finding of the jury that the appellee Wood-son had paid the taxes on the land, claimed by him in this suit, for the year 1874?
„ This court has, on more than one occasion, in passing upon the question of the payment of taxes, as presented under the statute of limitation of five years, held that' this fact is one necessary to be proved in order to sustain the plea; but the decisions are that it can be proved like any other fact, by direct or legitimate circumstantial evidence. The law, it is said, prescribes…
2Cases cited5 opinions
- Ochoa v. MillerTexas Supreme Court · 1883
- Watson v. HopkinsTexas Supreme Court · 1864
- Castro v. IlliesTexas Supreme Court · 1853
- Stewart v. CrosbyTexas Supreme Court · 1855
- Morgan v. HaldemanTexas Supreme Court · 1857
3Cited by12 opinions
- Reaugh v. McCollum Exploration Co.Texas Supreme Court · 1943
- Missouri Pacific Railway Co. v. JonesCourt of Appeals of Texas · 1889
- Gumpert v. ABF Freight System, Inc., Texas Court of Appeals, 5th District (Dallas)2010
- Bridges v. SamuelsonTexas Supreme Court · 1889
- Randolph v. LewisCourt of Appeals of Texas · 1913
7 more not listed; retrieve them via the Exa API.