The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1882-03-16
COURT DECISIONS.
synopsis of Opinions of Commissioners OF
Appeals

oyuopeis VI opinions OIL NOnihissioh0'" VI
Appeals.
M. NJ. Crews VS.. A. X. Taylor; appeal
from Harris county The undoubted in
tention of art. 50ls, Paschals Digest, was to
confer the right of action upon the party
who was interested in and who had The
/. right to have the instrument rendered, and
il was not intended thereby to extend that
right TO third parties, who might be injured
by reason of the negligence of the clerk.
But to such third parties who might be
damaged by reason of the negligence of the
clerk, a right of action exists upon the gem
eral principles oil law independent OF stat
ute. When parties are both guilty OF neg
ligenCe, neither can recover of the other
damages resulting from such negligence.
Affirmed. Watts, c.
Gustaye Ranger VS., II. Bedell ct al; error
from Waller county. In ioreclosing II ven
doris lien, the land should beso fully desert
bed as to render it certain that the officer
can execute the decree of the court, Where
the description is 50 detective
that the land cannot be identified
SO far rs the lien is concern
ed, the judgment is Intellectual. A valid
Judgment, execution, sale, and the pay
mcnt of the money bid, constitute the pur-
chasers right, and the sheriil's deed Is
merely evidence of that right, and is not es-
sential to maintaining the purchaser s title.
Reversed and remanded. Watts, C.
Georgia Home Insurance Company vs.. j..
Jacobs; appeal from Harris county. Where
the written portion Of an insurance policy
describes the property insured as OF II GER
tain class, and this class would embrace II
class of articles which By the printed terms
Of the policy are termed extra or specially
hazardous, and are by these printed terms
prohibited, the written will overcome the
printed portions of the policy, and the
keeping such articles would not operate as
n breach of the condition of the policy.
Family groceries, as class, does not in
clude fireworks. Reversed and remanded.
Watts, C.
William David VS.. William Boyd ct al;
appeal from Freestone county. An appellant
must stand on his case as made out by him
self, and the court will extend him no re-
lief which he has not asked. The law in
tended that wife could not act in anything
pertaining to an estate without her husband
having joined her. Under the present law
the reverse is the case. Affirmed. Della
ney,c
Galveston, Harrisburg & San Antonio rail
way VS.. w. Williamson; appeal from Con
zales county. None but the party affected
by the error can assign it, asking Tor relief.
Affirmed. Watts, C.
Frederick and Isabella Webster VS.. Emma
Y. Willis ct al; appeal from county.
The responsibility of the heir for the debt
or covenant Of .he ancestor is to
be measured not by the amount
'of the ancestors estate, which
vested in him but by the amount actually
received. The heirs cannot sue in their
own right as heirs for the property of the
estate the executor or administrator must
sue. The necessity for administration must
be presumed, unless facts be shown that
make it an exception to the general rule
Reversed and remanded. Walker, p. C.