The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1881-06-12
thereon is void, Reversed and reuanded.

this true when the legal title was in the ven.
dee, and as in this case, passed from him to
such purchaser. In suit to enforce the VEN
dor Q lien subsequent veudee In possession
and claiming under recorded deed is a ne
cessary party, and 1t has been held IS against
= purchaser Of whose claim there was notice.
sale made under decree OF foreclosure
against the original vendee, aud to which
SUIT such purchaser was not q party, Is no.
sufficient to pass title to land, and that this
rule is not In any way affected by the fact
that such purchaser had notice Of the lien at
the time of his purchase. Fundamental
error in the charge of The court with respect
to these principles of law, requires that tho
Judgment he reversed and remaIded. Watts,
j.
syllabus of the Decisions ofthe Com
mtsstOners of appeals adopted
by the court Of Appears
Taul VS. Shsnklir: from Lamar county.
The right of appeal from tho county court
to the court Of appeals is not LIMITED By
the amount of judgment, but cxiats where
the matter involved exceeds 800. The
damages pleaded in reconvention for failure
to make lawful fence being a claim which
"arose cut of and was incident to aud was
connected with the plaintiffs cause of &C
tion," trent of premises) exceptions to the
plea we're properly overruled. The eXcep.
ton to the plea was simply shat the same
WAS not The subject OF plea in reconven-
ton in this case" and testimony going to
prove damages to corn and cotton was prop
erly admitted. Charge "that if the defen.
dant by his own acts Of negligence or cares
lessness contributed to the damage, you will
find againss him" sufficiently instructs the
Jury Of their duty upon such question.
Unless special agreement is shown on the
part of tho renter to keep the fence Of the
premises rented in repair, the law fixes that
obligation upon the renter. If such special
agreement existed the measure of damages
would be tho damages resulting from failure
to repair the fence and not for its need of
repairs. Insuf1iciency Of the testimony de-
msnds the reversal Of this case. Quinan,
Com.
Mitchell VS. Russey; from Dallas county
Exceptions to the effect that the pleader had
failed TO state the market price Of the sub
lest time, etc, whether sustained or not is
immaterial if it appears that the defects in
the pleading, if any, were cured by tria!
amendment. Affirmed. Quinan, Com.
j.. NJ. Upton vs. A. Moye and
Jessie Preslal; from Bexar. Where
AS in this case, there are two dc
PENDANTS to writ of error, ard il appears
that service Of tho writ of error has been on
but one of them, although the petition pray,
ed for service on both, the appellate court
acquires no Jurisdiction. Walker, P. j.
Owens Va Prather; from McLennan coul>
ty An action to compel the restoration of
rails forming division fence between lands
of the parties, removed by the defendant, or
in lieu, for value damages and costs, does
not involve the question Of title to real estate
in contemplation Of the statute that clothes
the district court with such jurisdiction, and
is properly brought in the county court. In
this case the proof disclosing that the plains
till neither owned tho lani upon which the
fence was built nor any part Of the rails,
judgment was properly rendered sgainst him.
Affirmed Quinan, Com'r.
Houston aud rexas Central railroad COM
pany vs. McGssson; from McLennan county.
The jurisdictionsl facts necessary 10 entitle
the court to entertain suit must be made to
appear from the record, and if they do lot,
the court will refuse to entertain jurisdiction.
In such case the court will, of its own
motion, dismiss it. The record must show
this court atlirmstively how it acquired
Jurisdiction. Appeal dismissed. Walker,
P.J.
l.. & II. Blum vs. Martindsle & Shulz;
from Williamson county. The measure of
damages in suit for the wrongful seizure
or d conversion of property is the value of
the property at the time Of the levy of
the attachment, to be determined by the
market price and interest thereon at legal
rate to the time of trial. When the charge
fthe court is wrong, it must appear mani.
tostly that the jury were not influenced by
1t, or tho verdict will be set aside Il iversed
and remauded. Qulnsp, Commissioner.
Long 81 Reese vs. Dennis; from Bell coun.
ty. The landlords lien for the rent of prem
ises attaches for one month after the renewa!
of the property (crop) from the rented prem
ises, and no longer; aud itappears that l. the
purchaser did not know that the produce
bought was raised on the landlords land, and
was ignorant of the latler's lien,t tho purchas-
eris not liable to the landlord. Reversed
and remanded. Watts, j.
Carpenter vs. Knapp, Stout & Go; error
from Limestone. Petition in suit against
defendant 10 recover An amount. for gooos
sold on open account and money
advanced, and against his wife to GO,
aside deed Of trust or mortgage,
on tho ground Of fraud etc., winch
contains no allegations that would su,horzs
money Judgment; that alleged no indebted.
ness, that did not seek or pray for moniad
Judgment is fundamentally. deceive. r..
versed and remsndsi. Watts,
W. s & j, L.Lenoir VS. Debrell & Hodges;
from Falls county. Execution Ia favor { I
sppellees was levied,on boiler as tic proper
~ Of ono g. Appellants claimed i, aud u
trial of right Of property resulted. Evidence
showed that appellant owned tho boiler
which lay in a vacant lot and their agent ap.
piled 10 g. to buy II tor 50 0 to be paid
down. G...refused. The agent then to G.
TO have IL repaired by a machinist, and II he,
G could not use II, tho agent would paw for
repsirs. CHAD 1t repaired and paid for 70.
pairs, but had paid tho agent nothing on It.,
though he, q. was preparing 10 move il
when II was levied on. Substantially the
court charged that II the agent told q. 70
have tho boiler repaired and take II ut a
certain price II no could make II useful, and
that +. did 60 with knowledge and consent Of
the agent, the sslo was complete and vested
title In q. Held, error, as unwsrrsnted BY
tho evidence, and Masking the criterion by
which the Jury should determine G's accep-
lance Of the proposition 10 depend upon G's
taking tho possession Of and repairing tho
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