City of Dallas v. Martyn
| Decision Date | 30 April 1902 |
| Citation | 68 S.W. 710 |
| Parties | CITY OF DALLAS v. MARTYN. |
| Court | Texas Court of Appeals |
Appeal from Dallas county court; Ed. S. Lauderdale, Judge.
Action by Henry J. Martyn against the city of Dallas. From a judgment for plaintiff, defendant appeals. Affirmed.
W. T. Henry and Jas. J. Collins, for appellant. Cockrell & Gray, for appellee.
Appellee sued appellant to recover $743, alleged to be due him for acknowledgments taken to 1,486 tax deeds, which were made to the city by the city collector of taxes. The cause was tried by the court, and resulted in a judgment for appellee for the amount claimed. The city collector, in compliance with the duties of his office, sold the lands of delinquent taxpayers, and they were bid in by the mayor, and deeds were made by the collector to the city, the acknowledgments being taken, at the request of the collector, by appellee. The deeds were taken, by appellee, after his certificates of acknowledgment had been attached, to the city secretary, who placed them among the other papers belonging to the municipality. Afterwards appellee presented his account for $743 to the city council, and the matter was referred to the finance committee, which reported adversely to paying 50 cents for each acknowledgment, but recommended the payment of 20 cents for each acknowledgment. Appellee declined to accept that sum. The city council had not authorized the collector to contract for the payment of fees for acknowledgments. Dill. Mun. Corp. § 463. In the case of City of San Antonio v. French, 80 Tex. 575, 16 S. W. 440, 26 Am. St. Rep. 763, it was said: In this case the city could have contracted for the payment of the acknowledgment fees, and undoubtedly received full benefit for the work done by the notary public. His charge is the amount recognized and provided by the laws of the state, and a...
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