The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1873-09-18

! are permitted 70 deliberate on the verdict,
the verdict should be set aside and a new
trial awarded. Reversed and remanded.
No. 1334.-E. B. WheeIock & Co V.
VIM. i. Weighted River. The i'm
proper admission Of evidence Is not suffi-
Gent ground for granting a new trial, when
Il Is clear that the evidence was such that
the party complaining was not affected by
the admission. Judgment affirmed
No 1070.-Sinleon Hart v. W. w. Mills
LEI Paso. The doctrine laid down in
Bender v. Crawford, 80 Tex, p. 745, reit-
Grated; and that in Story, v Runkles,
80 Tex, p. 39S, conflicting Herewith,
again declared to be OJiter dicfum The
law requiring a writ OF error to be sued
out within two years from rendition of
judgment is not a statute of limitations
within the purview of Sec. 43, Art. XII, Of
the Constitution OF 1869.-Writ of error
dismissed.
1T42.-J. r. Burns v the State-Whar-
ton Where the evidence showed the hon.
icide charged in the Indictment TO have been
committed, not premeditatedly, but in the
heat Of passion, If not in self defense. it
was error not toinstruct the jury on the law
of mAnslaughter Reversed and remanded
No. 1860. NJ. Taylor V. r. NJ Bonner
for etc-Anderson. Husband and wife hav-
ing been sued, and the suit having been dis
missed as to tt husband; on his pleading
his discharge in bankruptcy it was err
ror to refuse TO dismiss, as the wife on
her motion alleged her coverture. The
State Court bases its jurisdiction of
the bankrupt and his estate. whenever he
goes into bankruptcy; and all persons hold
ing liens against his estate, must prove
them up under the bankrupt law, and have
/ them adiudieated in bankrupt court, and
the State Court can proceed no further to
enforce such lien.-Reyersed and dismissed
No. 125S.-H. f. & Z. D. Craddock v.
John Scarborough Trinity Although
there is much in the testimony which might
have raised a suspicion in the minds of the
jurors, that the sale in question was shut
/ tie to defraud or delay creditors, vet the
jury having the parties and witnesses before
them, have passed upon it, and determined
/ 1t was made in good faith, and we do not
feel authorized to disturb their finding
Judgment affirmed
No. 160S-George B. Styles v Daniel
| MuTphy-El Paso. The rule of law is well
settled, that tenant in possession cannot
/ dispute his landlords title, nor will he be
permitted to defraud his landlord of his
title. Our laws and the decision of our
courts favor the joinder of all causes of
action arising between the same parties, and |
growing out of the same transaction Re |
versed and remanded.
no 1296.-A. II. McDonough V. Mary
and L. II. Cross-Rusk. The title to lands |
devised by will, Immediately on the death |
OF the testator, vests in the devisees and |
they hold the estate subject to the debts of |
the estate. BY sale of such lands under ex-
ecution on a Judgment in IA suit against the |
executor alone, to which the devisees were
not parties the purchaser acquires no title. |
When lands are sold under decree to fore
close the vendors lien, the purchaser ac-
quires such title rs was in the vendee, and /
nothing more.--Reversed and dismissed.
117I-James II. Cannon " Mcdaniel |
& Observation-Disclosures. Where the vendor
of land takes personal security from the |
vendee in note for the purchase money, |
he is held to have abandoned his vendors |
lien. If, under such circumstances, the vendor |
takes conteuRporaneous mortgage on the |
land to secure the purchase money, such |
mortgage will not preclude the wife of the |
vendee from her homestead rights, unless |
she executes the mortgage deed with her
husband The vendee having died, the |
proceeding to enforce the mortgage should |
have been instituted in the probate court |
Where the Jurisdiction of the probate
court is plain and no appeal is taken, its
judgment is final, and cannot be collaterally
impeached. Reversed and remanded.
No. 110j.--J. W. Taul V. w. W. Walker,
administrator, ete.-Red River A surety
in a writ Of error bond, who pays the debt
under the Judgment of the Supreme Court,
becomes subrogated to the rights of the
judgment creditor in the lien on real estate
created by the original Judgment; and where
the original judgment was against two, one
of whom did not join in suing out the writ
of error, the lien upon the real estate of him
who did not join continues, and the surety
who pays the debt becomes subrogated to
the right of the judgment creditor as
against him Judgment affirmed.
No. 123S.-F. l.. Meriwether V. G. w.
/ Whitley Houston. The act of October,
/ 1866, allowed no appeal to the Supreme
Court from the district court, in a case
which had come up by appeal from the
county court to the district court. The
virtual repeal of that act before the final
hearing in the district court did not affect
the right of parties in this respect.-Appeal
dismissed.
No. 1450.-J. D. Wallace V. ]. Stubble-
| tield-McIennan. An order quashing an
attachments but an inteIlocutory judgment,
md this court has no Jurisdiction of appeals
from judgments OF that charaeter.-Appeal
dismissed
No. 1671.-IIaman Fowler v. The State
-Burnet. To charge the defendant with
driving stock from Tie instead Of Its aecus-
toned range, is charging the same olfense,
and it was not error TO override an exception
to the indictment on that ground. 1t is not
always absolutely essential to charge an
offcnse in the precise language of the stat
ute, provided equivalent terms are used
Judgment affirmed.
No. 13f7.-J. r. Miller ct al V. w. E.
/ Richardson ct al.-Henderson. It is com
petent for adistrict court to enter at a subse-
4 Quent term, RHnc pro tlNc, a judgment
rendered but omitted by the clerk from the
minutes, provided there be some memo
unda Ia writing among the papers of the
cause 10 authorize the same. In this case,
memoranda made by the presiding judge
upon the motion docket, is sufficient
Judgment affirmed.
NO zoos. Simeon Hart v w. w. Mills
III Paso. Though complete denial UNI
der oath of all the equities in q bin for in
Junction may not, as a matter of law, en-
/ title the defendant TO dissolution OF the in
junction, yet it certainly brings the whole
matter within the sound discretion OF the
court, and the exercise Of that discretion
viii not be revised by this court, unless
manifest error has been committed. This
court knows no authority for suing out an
injunction Ia stay proceedings on an execu-
ton during the pendency of bin Of re-
iew.-Judgment affirmed.
4 STRANGE religious maniaSeenis to have
taken possession OF the eolored people in
tlsis section. Il attacks them Ia the midst
Of their avocations often. causing them 70
shout aud distort countcnance and body un-
neH .H.