The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1881-12-06
COURT DECISIONS.
syllabus Of M supreme Court Decisions

Syllabus of tn Supreme Court Decisions
Hardin VS.. Abbey; from Kaufman county'
Act ofls79 required judge upon the re-
quest of either party to state in writing the
conclusions of fact found by him, separately
from the conclusions of law, which conclu-
sions of law shall be filed with the Clerk
and made part of the record. Rule q is so
amended as that the party who desires to
appeal from the decision of the
Judge shall made il his request under
the statute as predicate for SPECIFIC
assignment of errors, and though the
trial be by the judge alone, the
same rules shall govern, which in other
eases require that specific assignment be
made, the court having the right, in Its
discretion, as under rule q, to inquire into
fundamental errors, apparent OF record as
though no assignment had been attempted
Rule n as amended, is to take elect Janu-
airy |, 1882 Courts of equity, should, as
far as possible, adjust all the the rights OF
the parties necessarily involved. The decree
in this case falls short of this rule, and 1t is
reversed and reformed. Bonner judge.
Wimherly vs. Pabst; from Hunt county.
The mere fact that u divorce had been de-
creed between the original grantees IN a
land certificate will not defeat the wiie's
community interest, and particularly when
the property, at the date of the divorce, was
not in csse AS Texas, 269). A certificate
for land is, until located chattel, and the
right of action for its detention and CONVEX,
sion would be barred in two years. But, II
located and patented within two years. IT
loses its character as personal property and
partakes of the nature of realty. When,
as in this case, the land is patented, not to
the husband, but to the assignee, the wife s
interest becomes only equitable. The
patent issuing more than twenty years
before the suit was instituted, the plea
OF State demand may be properly inter
posed. If the recitals in the imminent of
title are not sufficient to put prudent man
upon inquiry, then they of themselves are
not sufficient to constitute constructive
notice. Affirmed. Bonner, judge.
johnson vs.Crawl; from kaufman county.
If Sherifl's sale is made on an inclement
day, at an unusual hour, and thereby re-
suits in damage to Judgment creditor, pre-
venting him from reaching the plac of sale
and protecting his interests, equity will en-
title him to set it aside. IT, however, the
result ofhis own neglect, equity will not
afford him relief Bill of exception and
brief of counsel should point out objections
made and sustained etc, in order to secure
attention of this court. Affirmed. Gould,
iefiustice.
Ida Baker VS.. w. NJ. Baker; from ---
county. The effect of the deed in this
case depends upon the intention at the time
it was.executed of him or them who had the
right to control, and arriving at that inten-
ton the contemporaneous circumstances
and declarations are evidence. The deed
herein was taken in the name of the wife
by direction of her father-ip-law, who fur
nished the purchase money, and for the
purpose of securing her home. GO Texas,
205). The property being the separate
property of the wife, her right would not
be affected by judgment and foreclosure
to which she was not a party. Reversed
and remanded. Gould, chiejSstice.