The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1878-04-18
synopsis OF the Decisions or the
supreme Court Rendered at Austin
Term, ISIS.

q supreme Court Rendered at Austf
I Term, ISIS.
No. S630-Paris Exchange Bank ,
G.. Il w. G. Beard Ct al. i; apes
from Lamar. Opinion by Gould, ]
/. Appellants were the aSsignees G
Z the first Of three promissory notes, nc
negotiable, given at the same time il
r payment for tract of land, but ms
turing at different times, the othe
notes having been assigned subse
quently and before their maturity; anC
, they contend that the fact of theil
note maturing first gives the lien o.
said note priority, in the appropriation
of the proceeds of the sale OF the land
over the lien of the other notes. Held
That the effect of the transaction
originally was to secure all the notes b,
the same lien, and that all tn,
holders of such notes should b,
allowed to share pro rata in the pro
ceeds of a sale of the land. (Ses
Cannon V. Mcdaniel, Tex, 313
Tinsley V. Boykin, &c Tex, SOC; Ellii
V. Singletory, As Tex, %; McLintocL
V. Wise's admir-, % Grattan, 45S Us
Am. Rep, 600; Nelson & Hatch v.
Dunn, 10 Ala, 517.)
?. Appellants also contend that the
assignment to them being prior to the
assignments to the other parties gave
the lien of their note priority over the
lien of the other notes, Getting % Graf
tan, Va, a53; Is Am. Rep, 694; 4
Ala, 452; 0 ID, GAG; % d., 327) but
this fact, though proven, was not al
legged IN their pleadings in the court
below. Held, That it was not error in
the court below to disregard as grounds
for relief facts which, though proven,
were not alleged.
Judgment affirmed.
April Q, 1873.
No. 3664-J. X. Ryan, et. ais. V. W. A.
Evans, at. ais. error from Fannip.
Opinion by Roberts, c. ].
PLAINTIFFS in error, as citizens and in
habitants, brought suit against defend
ants IN error, as members of the Coun-
ty Commissioners Court of Fannin
county to compel them to proceed to
organize the county of Webster in pur-
suance of ga declaration creating the
county of Webster" passed by the
Constitutional Convention August 90,
1865, (Ord. in pamphlet, P. 49, The
material question raised by the record
being whether said declaration is still
In force as law, so as to make it plain
ly the imperative duty of the commits
sloners' court to carry it out" Held,
That the performance of the act in
question must be made to appear to be
plainly a subsistiDg duty to justify
the use of the remedy of mandamus
to compel its performance High on
Ext. l.. Rem. sec 32), and that the
declaration in question having made it
the duty of the county court of Fan
min county to proceed to organize the
new county by holding an election for
county officers, or by recommend ding
suitable persons to hold said offices to
the commander of the Fifth Military
District, and the county court having
taken the latter alternative and recon-
mended such persons to the military
commander, the county court had
performed the whole duty required by
the declaration of it. (High Elk. L. Rem.
sec. 32S). The commander of the
Fifth District, on whom the law relied
to have i's provisions carried out, hav
ing failed to act, and his authority hav.
ing subsequently ceased, it is to be pre-
sumed that the declaration in question
is no longer in force, so as to render 1t
the duty of the commissioners court
to carry out its provisions.
Judgment affirmed.
April 8, 1878.
LONDON, April 15.-The Russian
offices in Bucharest have been leased
for another six months.
In Servla an anti Russian feeling is
said to be developing great strength in
the Cabinet and among the people.
Prince Milan is Internationally a
Russian.
The war preparations continue in
consequence of the Russian remon-
strances.
The Porte has promised to immedi-
ately evacuate Varna and Shumla.
1t is stated that Dervish Pasha de-
clares he cannot evacuate Batoum.
Russian advices from Constantinople
state that the struggle in the Cabinet
for the ascsndency continues. The
British party is still in power.
The instruction at Thessaly is al
most overwhelmed by large force of
Turks sent from Thrace and Bulgaria.
Ia Epirus it completely hangs fire.
The Cretans are still able to hold their
own, but it is feared that Turkish
reinforcements will be sent to the
islands. The Greeks are much dis
couraged. They believe that Russia is
intriguing against them.
The Queen has replied to the address
| of Parliament thanking her Majesty
for calling out the reserves. She thanks
both Houses for their loyalty, and says
she feels sure that she can always rely
upon their adopting measures for the
honor and stability of the empire.
Pye, Field & Co., merchants in Mark
Lane, failed. Liabilities one million
dollars.
CoNsTANTINoPLE, April 1j.-In con-
sequence of the spread of typhus fe-
yer to this city from the Russian camp,
all the departing vessels receive bills Of
health.
The projected visit of the Khedlve
to the Sultan has been postponed.
CoNsTAETINoPLE, April 10. 1t IS
stated that Count Zechy, Austrian am
bassador, has renewed proposals for the
eventual occupation of Bosnia and Her
zegovina by Austria, pointing out that
unless the Porte agrees to this measure
it will be impossible to bring about the
return of the Bosnia refugees to their
homes or re-establish the security of
the frontier. Russian is in accord with
Austria in this matter, and would con-
sent to modify the requisite portion of
the San Stefano treaty if the Porte
should consent to Connt Zechy's pro-
posal. Ii is untrue that Count Zechy
has also asked to occupy the Salonica
railway.
Governor Rice, of Massachusetts,,
was petItioned by Boston atheists to
omit from his Thanksgiving proclama-
ton any acknowledgment of a God,
and tc say simply that he appointed
the day in accordance with the wish Of
those who desired it. The Governor
begins the proclamation az follows
THE Father of Mercies, whose power
is infinite, and whose loving kindness
is everlasting, INVITES His people in His
Holy Word TO make known their re-
quests unto Him in every time Of their
necessity"
Galveston Live stock Market.
GALVESTON, April IS, 1873.
Johnson Foster, live stock commits
sion merchant, reports the live stock