The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1881-02-03
synopsis Of opI.Ions Delivered NJ the
Supreme Court, January 40. 1851.


pfepascd. for tho Herald by Edward J.. liam
nef, Of Galvestonj
A, 5eus Va. William House; appeal from
Harris county. Appellant employed Htnze
to construct for him a building. Heuze en-
gagged Trenteno TO furnish tho material and
do tho necessary mosoDry work. Trenteno
employed House TO haul twenty.sovon loads
of brick and which were used in tho BALD
iug. Appellee brought suit for work and
labor for S27 rs in tho district court claim
log personal judgment against all parties and
foreclosure of mechanics lien, etc. Held :
SIT has been fully settled by former decisions
of this court that there is no warrant or
foundation for this judgment against appel
lee, y u either personally or for
foreclosure of mechanics lien" Notice of
such claim should have been given appellant
of such work before he settled with the
original contractor, that he might have re-
tanned his claim from the amount to be paid
(5l Tex, 1896; idem, 40l, idem, 406; 81 Tex,
I 621). Reversed and remanded. Moore, o. j..
( Mary o. Orto VS.. III. A. Maydole; appeal
4 from Harris county. The trust deed under
consideration was made subsequently to the
adoption OF the constitution OF 1876. The
/ legal effect of the verdict was TO find that at
the date OF the trust deed block Al was not
part of the homestead of Susan Orto. The
charge given by the court virtually instructed
the Jury IS question of law that block Al
was not part of The homestead unless it was
a necessary adjunct thereto for its full en-
/ joyment, although it might have been con-
venience for that purpose. Held, That the
charge given WAS calculated to mislead the
jury by withdrawing the question of fact
from their consideration and was therefore
error. Reversed and remanded. Bonner,
associate justice.
w. s. Stewart vs.. Jno. Kemp, ct al; Kemp
and others claiming to be the owners of the
Jacques headlight league, brought this suit
December Let, 1871, to recover 4,760 acres Of
said league from appellant and to cancel {
tax deed made to appellant by Hugely
sheriff and collector Of taxes. Defendan
answered, denying that he was or had beer
in possession of the land, and stating tina
before any citation was served on him, anC
without sny knowledge of the institution o
: this suit, be had sold and conveyed the lane
10 Minnie j. Stewart, who was necessary
party, asking that she be cited to defend
He also alleged payment Of taxes, etc, fo
ten years prior to the suit. The court de-
clined 10 order Minnie j. Stewart TO he mad
party overrules the exception to- the petit
ton, and on the trial excluded the defend
ants deed, aud the county court. condeminG
the land 70 be sold, also his evidence that b.
had paid taxes on the snd since 1861 Held
That the court did not err in disregarding
the snswer Of defendants suggestions, that he
had sold the land TO Minnie j. Stewart, also
that the court did not err in excluding the
evidence of tax deeds, etc. Appellant sub
nitted the proposition. that he had a right to
have refunded to him the purchase money
taxes and interest, though he had no deed
The psntff's title was established by the
deeds introduced, and there being no other
evidence before the jury, the court did moi
err in insLructing them to find for plaintiff
Reed VS.. Reed II Tex. Affirmed. Gould, A, j.