George Shiras, Jr.

“ But whatever may have been the views of the state courts as to the legal rights and equities between the parties, the sole question for our consideration is whether the Supreme Court of Texas erred in overruling the contention of the plaintiff in error that the state was precluded by contract from changing its mode of procedure in respect to purchasers in default.
There seems to be no ground for complaint by the plaintiff in error in point of equity. ”

“ We are first confronted with a question of construction. The supreme court of Texas having held that § 12 was a law, and not a term of a contract with a purchaser, is it open for this court to put a different construction upon the statute? ”

“ The statute of 1879 does not give authority to any officer to rescind without judicial action; but the right of rescission existed in the state, and its exercise might be subsequently authorized through the lawmaking power, and an exercise of it, based upon the default of the other party, would not be a denial of any right of his. ”