unbroken rule in Texas

1938For, as stated in Bemis v. Williams, 32 Tex.Civ.App. 393 , 74 S.W. *Page 748 332, 333, "It is the unbroken rule that a power of sale given in a deed or mortgage must be strictly followed in all its details. * * * The trust must be executed in the mode and upon the exact terms and conditions prescribed in the deed of trust. * * In this case the power of sale vested in the trustee remained dormant and inactive until called into action by the request of the beneficiary.

1937App. 393 , 74 S.W. 332 : "`It is the unbroken rule that a power of sale given in a deed or mortgage must be strictly followed in all its details.

1964Littleton v. State, 20 Tex.App. 168 ; Case v. State, 12 Tex.App. 228 ; Hall v. State, 22 Tex.App. 632 , 3 S.W. 338 ; Watts v. State, 6 Tex.App. 263 ; Gadson v. State, 36 Tex.[App.] 350; and other cases cited in section 1483, White’s Ann.

1960Littleton v. State, 20 Tex. App. 168; Case v. State, 12 Tex. App. 228; Hall v. State, 22 Tex. App. 682, 3 S.W. 338 ; Watts v. State, 6 Tex. App. 263; Gadson v. State, 36 Tex. 350 ; and other cases cited in section 1483, White’s Ann.

1960Littleton v. State, 20 Tex. App. 168; Case v. State, 12 Tex. App. 228; Hall v. State, 22 Tex. App. 682, 3 S.W. 338 ; Watts v. State, 6 Tex. App. 263; Gadson v. State, 36 Tex. 350 ; and other cases cited in section 1483, White’s Ann.

1957Perrett v. State, 72 Texas Cr.

1957Rep. 343 , 129 S.W. 2d 301 , reviewed the holdings of this court on the question here presented as follows: “ * * * It is the unbroken rule in this state that ‘an accused may give his consent to a search and thereby waive irregularities in the search warrant or dispense altogether with the necessity for one.’ 38 Texas Jur. 77; Davidson v. State, 126 Texas Cr.

1943Rep. 510, 176 S. W. 49 , we said: “It appears to be the unbroken rule of decision in this court that an allegation of the possession from whom the stolen property was taken is necessary; the statutory definition of theft makes it a necessary ingredient, and such allegation must be proved as made.” In the second count, the primary offense there charged is not subject to the defect above pointed out.

1938Until that request was made, he had no power to act, and without that request there could not be a failure or refusal on his part to perform the powers given him by the deed of trust." (Italics ours.) See, also, Boone v. Miller, 86 Tex. 74 , 23 S.W. 574 ; Bracken v. Bounds, 96 Tex. 200 , 71 S.W. 547 ; Chestnutt v. Gann, 76 Tex. 150 , 13 S.W. 274 ; as merely a few of the numerous cases that might be cited.

1938Until that request was made, he had no power to act, and without that request there could not be a failure or refusal on his part to perform the powers given him by the deed of trust." (Italics ours.) See, also, Boone v. Miller, 86 Tex. 74 , 23 S.W. 574 ; Bracken v. Bounds, 96 Tex. 200 , 71 S.W. 547 ; Chestnutt v. Gann, 76 Tex. 150 , 13 S.W. 274 ; as merely a few of the numerous cases that might be cited.

1938Until that request was made, he had no power to act, and without that request there could not be a failure or refusal on his part to perform the powers given him by the deed of trust." (Italics ours.) See, also, Boone v. Miller, 86 Tex. 74 , 23 S.W. 574 ; Bracken v. Bounds, 96 Tex. 200 , 71 S.W. 547 ; Chestnutt v. Gann, 76 Tex. 150 , 13 S.W. 274 ; as merely a few of the numerous cases that might be cited.

1938Until that request was made, he had no power to act, and without that request there could not be a failure or refusal on his part to perform the powers given him by the deed of trust." (Italics ours.) See, also, Boone v. Miller, 86 Tex. 74 , 23 S.W. 574 ; Bracken v. Bounds, 96 Tex. 200 , 71 S.W. 547 ; Chestnutt v. Gann, 76 Tex. 150 , 13 S.W. 274 ; as merely a few of the numerous cases that might be cited.

1938Until that request was made, he had no power to act, and without that request there could not be a failure or refusal on his part to perform the powers given him by the deed of trust." (Italics ours.) See, also, Boone v. Miller, 86 Tex. 74 , 23 S.W. 574 ; Bracken v. Bounds, 96 Tex. 200 , 71 S.W. 547 ; Chestnutt v. Gann, 76 Tex. 150 , 13 S.W. 274 ; as merely a few of the numerous cases that might be cited.

1938Until that request was made, he had no power to act, and without that request there could not be a failure or refusal on his part to perform the powers given him by the deed of trust." (Italics ours.) See, also, Boone v. Miller, 86 Tex. 74 , 23 S.W. 574 ; Bracken v. Bounds, 96 Tex. 200 , 71 S.W. 547 ; Chestnutt v. Gann, 76 Tex. 150 , 13 S.W. 274 ; as merely a few of the numerous cases that might be cited.

1927The rule laid down in the case of Pettiett v. State, 272 S. W. 473 , is as follows: “It has been the unbroken rule in this state since the organization of this court that the defendant should be tried upon the merits of each case, and proof of extraneous crimes which does not go to show intent, identity or system, or which is no part of the res gestae is not admissible if it could only show that defendant was a criminal generally.” In this case there was no denial on the part of the appellant of his guilt, he having entered a plea of guilty and asked for a suspended sentence.

1916However, having great respect, for the court rendering the opinion in Jarvis v. Taylor County, supra, and especially for the opinion of the learned Chief Justice who wrote that opinion, we have again entered into a study of this question, with the view, if we became convinced this court was in error, to frankly so say.

1915Johnson v. State, 27 Texas, 758 ; Weatherford v. State, 31 Texas Crim.

1912(Perry v. State, 41 Texas, 488 ; Darrah v. Westerlage, 44 Texas, 388 .) In all these eases numerous authorities will be found cited sustaining the rule, including decisions of the Supreme Court of the Hnited States.

1912(Perry v. State, 41 Texas, 488 ; Darrah v. Westerlage, 44 Texas, 388 .) In all these eases numerous authorities will be found cited sustaining the rule, including decisions of the Supreme Court of the Hnited States.

1894In the case of Railway v. Hill, 71 Texas, 459 , it is said: “We have been cited to no case where it has been held competent to charge upon any particular combination of facts as constituting negligence, save when so declared by law.” In the case of Stooksbury v. Swan, 85 Texas, 563 , this doctrine is reaffirmed, and it is held, that in all cases the existence or nonexistence of the facts the evidence tends to prove, as well as the existence of the fact to be implied from other facts, mast be left to the determination of the jury.