The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1873-11-06

the delect II IS tatal.-Writ Of error dis. /
missed.
No. 15s2.-W. r. siandefer '. Rlz.
Hubbard, administrative, etc.-Burnct. TIE
provision Of the probate Law, which requires
claims 70 be presented TO an executor or ad-
ministrator within twelve months after his
appointment, is not law Of limitation
within the meaning Of section SIX Of ordi
nance No. eleven of the Constitution Of
1866, and the forty-tbird section Of article
thirteen Of the Constitution Of 1S60.-Judg
ment affirmed.
No. 1342.-John T. HarcOurt Y. J. B.
Good, sheriff, etc.-Colorado. We are not
prepared to say that the election 10y the
voters of the town Of Columbus, to decide
whether they would tax themselves to aid
in constructing a railroad budgel would not
have been good, if the election had been or
dered by town meeting, but conducted in
all respects in accordance with the rules
and regulations prescribed by law for gen.
eral elections. Tho point to be arrived at
was the expressed wish, by vote Of the
people, whether they would tax themselves
for the purpose indicated. -liehoaring re-
fused
No S9l.-Kuechler, Commissioner, etc. Y.
George w. Wright-Tnvis. Whatever may
be the status of the railroad sections in case
Of forfeiture, it is clear that the State sec
tions are dedicated, by tho constitutions of
1866 and 1869, to the perpetual school fund,
and are in no manner subject to entry and
location. The Legislature has no power TO
open these lands to any class Of land claims
against the State.-0n rehearing, former
Judgment adhered to.
No. 1374.-Emily Toland, adminstra-
trix, v. Swearinger & Smith-W Washington.
Where property seized by distress war
rant is replevied, by bond with security,
and in the further progress Of the suit mere
personal judgment is taken for the rent due,
but no order foreclosing the lien on the
property attached, the replevin bond be-
comes ftuactus cbfeiO, and tho sureties are re-
leased.=Iudglnent. .ss..ssisiTried.
No. 394.SR. a. Rhodes v. 7. and S.
Gibbs-Walkcr. Under our Constitution
and laws, husband and wife, by deed duly
executed under the forms prescribed BY
law, can cucumber by mortgage the wife's
separate estate to secure a debt previously
created by the husband.-0n rehearIng,
former judgment set aside. Judgment be-
low affirmed
No. 1925. +. Grimes v n. Hobson-
DsWitt. To constitute person bona Jide
purchaser within the meaning of the stat
of the property, have advanced for it a val
liable consideration. II he was a creditor
anteccdent to his purchase, and paid for his
purchase by a credit on his demand, he is
not bona fde purchaser.
affirmed
No. 1458.---HarrisOn Wells d al. v. Peter
Petres ct al.--'Walker. A husband may, BIZ
his last will, so devise the estate as to pre-
sent to the wife an election to take accord
ing to the will, or to reject the provisions Of
the will, and stand upon her legal rights in
dependent thereof. Where by such viii,
certain lands arc devised to the wife for and
during the term of her natural life, to be in
lieu Of any legal claim she may have to any
portion of the lands at the husbands
death, and after her death, to be equally di-
Yided among his children then living, but
with power to her to sell or dispose Of the
same, if necessary for the maintenance and
education of his minor heirs and no neces-
sity for such disposition is shown, she has
opowcr to convey any portion Of the lands
SO devised by deed in fee simple, not even
for her own support and maintenance; and
all such conveyances by her, are void.-Re-
versed and rendered.
No. 1142.-George w. Honey v. B. era.
ham-Travis There can be no abandon
I
abandonment. Reversed and rendered.
No. 1636.-Jas. Laid ct al v. II. G..
Peasants, administrato Equity
will not interfere TO correct slight and i'm
material mistakes in the quantity of land
sold, where both parties are ignorant of the
true quantity; but where the error is so
gross, Gas in this case $50 acres were sold as
! 200) equity viii correct it, especially where
/ the vendor was an administrator -Judg-
ment affirmed
No. 1864. Matilda Bell V. Elvira War
rem Bastrop. A contract for the location
of land, in the usual form; that the locator
shall locate the land and procure patent
at his own expense, and receive therefore an
equal half Of the land mot to be regarded
as deed for the land, but personal con-
tract, giving the locator an equitable right
1 in the land located. The location was a
condition precedent, to be performed by the
locator, before he could claim compensation.
He who seeks to enforce an executing con-
tract, must aver and prove performance on
his own part, or such matter as would in
equity discharge him from the obligation to
perform Equity viii not hastily declare
equities barred by lapse Of time, or rights
lost by those who have acted In good faith.
-Reversed and rcmanded.
No. 1565.--Leon Blum Ct als v. John T.
Kicks Travis. A bankrupt can plead bis
discharge in bar of the action Of a creditor
whose debt has not been scheduled and who
has not been served with notice from the
bankrupt court. Judgment affirmed.
No. 1594.-James II. Sparks V. n. n.
Danson-McLcnnan Fraud is not to be
presumed; it must be proyed.-Judg-
ment affirmed
/ 10 1aof -uy;r;.,, h,,3vo,ys =, W. n
Harvey Victoria. An order to a bank to
pay over for q specific purpose money de-
posted for that purpose, Is not bin Of cx-
change, and imposes upon the parties none
Of the obligations growing out Of a bill Of
exchange Reversed and Tcmanded
No. 1588.-Josiah Hill v. Elizabeth
Strong Robertson. The vendors lien is not
q subject Of contract, but is the creature Of
legal implication; and though it follow the
assignment Of the purchase note into the
hands Of iona fde assignee, yet i does not
follow where there Is o novation. Reversed
and dismissed.
AUSTIN, October %, 1878.
No. 14.--Penelope Smith Y. Ruebon An
dcFso9- Robertson, Having brought suit
- heE own nome and light, Il was not error
for the plaintiff BY amended petlbiQp to
join herself as party plaintiff in Der charac.
ter, as Administrative, especially where the
defendant had virtually prayed that she DO
50 made party. helefsed and fpmanded.
No. 1tl5.-C. S. Hutcheson ;. j.. ri.
Mitchell Robertson Where 4 husband ~
deed duly Czeegte4 Wi)hoat fraud, CONVEYS
propertyto q trustee lfor the separate use.
occupation and enjoyment O" the wife.
free from the Intervention or control Of al
other persons whatsoever, the accumula-
ton oE incFpasf Of such property does not
become part Of the cqmmgnity psfatc, end
Is not liable 10 execution FOR the debt 81 the
husband. Judgment affirmed
no. 1200.-J. Wagcner v. Jas. McDaugh-
cgiy-G Guadalupe. Tho county court having
made an order for payment 81 money out II
the county treasury, bad ne right 70 81
aside and annHl tliat order e sabsequent