The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1881-04-05
synopsis of Opinions OF the Commits
siODers OF Appeals.

Prepared for the Herald by Edward j. Ham,
ner, Of Galveston.l
L. W. House VS.. W. L. Kendall, appeal
from Fort Bend county. Let, Where the
trust is a personal ono TO be executed by
both executors under will, neither court
of law, nor "a court of equity will enforce the
invalid contract made by one of them.
I'd. Where there is total failure of title
on the part Of the vendor, the vendeo may,
if the contract DO e1ecutory and untitled. re.
fuse to perform 1t, and reclaim any portion
OF tho purchase money which may have been
advanced.
Reversed and remanded. Walker P.J.
Lopez and McElroy We. Robinson, appeal
from Freestone county. 1t is not material
whether the party misrepresentng the fact
upon the belief Of which another is induced
TO act, know |. TO be false, or believed it TO
be true, he is still responsible for the injury
sustained BY the party who relied upon it.
Affirmed. Quinan j.
j. II. Peregoy and wife va. Issdore Kott-
WITT, appeal, from Harris county. Tho con-
stitution protects from forced sale, the home.
stead OF family in city, town or village,
consisting of lot or lots, not to exceed in
value five thousand dollars at the designa-
ton as such without reference to the value
of any improvements. Affirmed. Watts. j.
j. h. Harris and g. L. Harris VS.. Andrew
Hay, appeal, from Coryell county. Psrol
tetimony showing that The appellee was in
tho army and rendered military service
during tho revolution, is admissible as tend
ing TO es'aolish tho Identity of tho appellee
as tho same Andrew Hay 10 whom the GER
tiilcate was issued. Affirmed. Watts. j.
John Spiess VS.. Charles Stoltze,
appeal from Austin county. The do.
clarGtions Of u deceased person
not under oath csnnc! be used ~ evidence
in behalf of those representing his estate to
defeat claim asserted against il. Such
self'eerying declaration come fully uudor the
condemnation of the law as hearsay and arc
no. admissible. Reversed and romsnded.
Watts, j.,
Patrick Flynn va. David Lynch, appeal
from Fort Bend couu, This court cannot
entertain jurisdiction eluude tho record,
The supreme court huS no power 10 supply
detects 10 tho record Of any inferior court,
whether occasionod by loss or otherwise.
The record Of the proceedings ia the district
couri mus. chow alllrmaliyely how II nc.
quircd Jurisdiction. Reversed and remanded.
Quinan, j.
II. Il. Il L. d. Crsddock We. William
Goodwin, appeal from Walker county.
Where the suing out and levy Of the suit Ia
malicious, exemplary damages could DO
awarded, ind whero il were only wrongful
without.malioc, actual damage only could
BIO awarded. but the defendants time while
attending court 70 not nm element of actua
damages. Reversed and romanded.
Quinsn, j.
William Lamb OF al, vs.. Sarah j. Lsmb,
appeal from Froes,onc county. The only
objection agsins, tho judgment Is tha, tho
evidence upon which /. Is based Is compro.
misc. On this the court ssys; This being a
case Of conAic. Of evidence, and as under the
evidence tho Jury might well have found for
the appellee tho whole twenty acres es home.
stead, but falling 10 do go. this CERTAINLY
affords tho appellant no just ground Of
complaint. Affirmed. Watts, j.
Wright ). Andrews al al. vs.. Isabella
Hsgadon. appeal from Galveston county.
A homestead In city, town or village may
consist OF one or moro lots, bu! there Is
nothing in our constitution or laws that force,
the homestead character or quality upon a
lot or lois adjoining the ono upon which tho
residence u situated, and whether ouch lot or
lots src u part cf tho homestead ie q question
Of fact, to be determined by the evidence, and
there are two requisites that must concur to
give them ,hi, Quality; the owner must intend
the property M part of tis homestead, and
must In come way use itas such. Affirmed.
Watts, j