The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1882-02-02
No. of Bushels Value of
COURT DECISIONS.
Syllabus of Opinions of the Commission
ers of Appeals, Delivered at the Tyler
Term, 1881.

Syllabus of Opinions of the Commission
ers of Appeals, Delivered at the Tyler
Term, 1881.
Miller VS.. Marx & Kempner; fro n Cald-
well county. When mutual mistake has
been made in written contract or agree
ment, upon proper pleading, parol evidence
will be admitted to show such mistake,
and, upon satisfactory proof, courts OF
equity will conform ne writing to the in
lention of the parties, and make it speak
that intention. The institution of a ground
less suit, though knowingly done and with
intent TO harass, is not actionable Tor
damages The award of costs at
most is ali that can be recovered. A crcdi-
tor cannot, by wrongful act vary the situa.
ton, right or remedy of the guarantor ana
still hold him bounu for the debt of the
principal But, to discharge the guarantor,
the acts of the creditor must be such as are
not sanctioned by law. Enforcing the BANK
rnptcy of the principal through proper
channels is not wrongful act, and did not
release the neutrality-suspicious.. Affirmed.
Watts, C.
II. d I. c. r. r. Co. VS.. Shaw, ct al; from
Collin county. This was an action by Mrs;
S. in her own behalf and as next friend and
natural guardian of her minor children,
for damages for negligent killing
of X. S., husband of Mrs, S., and
father of the minors. Objection urged
that no special guardian was appointed
for the minors. Held, that such guardian
was not necessary. The mother could pros.
ecute the litigation to their use ana
benefit. Rev. Stat, Arts. DOB, 20Oi. zee,
also, Rev. Stats, Final Title, Secs. 8, 6. \
defendant witness having testified thai tic
track was in good condition at the time o.
the work, the court properly permitted tie
plaintiff to ask him if he, at a certain time
and place, and in the presence OF certain
persons, had not made contradictory state
ments, as "A basis for impeachment. In d
suit for actual damages the jury is author
lied TO give such damages as they may
think proportional to the injur, sustained
Affirmed. Watts, C.
Bonnet VS.. Burris from Bell county
The controversy in this case was over tile
true location OF the boundary lines OF a sur
yey of Gao acres, the dispute mainly being
as TO what point on the line of another sur
vey, If at any, prolonged line starting
rom given point. would strike. The evi-
dence was conflicting, and its bearing upon
the case was committed properly to the
jury. When the court has nodded in the
nam charge the substance OF charges
asked, it is not error to refuse the latter.
Affirmed. Watts, C.
Cameron VS.. Thurmond; from Dallas
county. This cause was submitted to the
court on the law and facts, November p,
1873. Judgment was entered December IL,
1879, nuhc pro tune, as rendered december
q, 1873, the last day of the term. This pro-
ceeding was in direct violation Of District
Court rule No. 60, which provides IN sub
stance, that cases so submitted shall be de-
termincd at least two days before the end
ofthe term, If IL has been tried and submit, =
ted one DAY before that time, unless cOntin-
ued hv the consent Of parties. IL wa
ayerreu In substance, that though IL APP
pears frOui the date Of the deeds and other
papers that the land was acquired during
ihe marriage OF the father ard mother Of
plaintiff, ID was in fact the separate property
Of the father, acquired by his SEPARATE
means. This was sufficient % let In proof
that the land was acquired by the
fnther By exchange Of his head-rigiii
and other separate property. The deed oi
one tenant iu common 10 a specific portion
OF the common property j. not void, aud
will not be supposed 90 prejHdice ihe righis
of co-teuauts. out vii be respected az Tar az
h. can consistently with the rights % others.
When tnriies enter into cymprumise co.
family agreement o. avoid htirating
Whether one or tlle other u them D. entitled
10 ccriaiI ruuperly. such agreement VIII
NOT o. 30 a-iie. though it eventually sp-
pears tliai Voc iaarty takirg suincti4ing Was
entitled lusiliAIuE. Bui tnt puriies agree
ing must al in gOol faith, without conceal
verssd and remanded. Quinan, G.
Huuce a. co. Va Wild rum Be1ar county.
II isa General rule that voluntary convey
nnce Of lands connot be set oside except BY
rre.litors WHO have reduced Their deuts %
iud-nreut o. who hay acquired lien
mon the lard. The iss'e was whether ..
Al 90. were indebted % plaintiff, ard
,-hefher the transfer Of the lots 20 Mr.. W.
Va = voluntary convernuce % deirald
.re|Iifors- Untl r. a Go. established the
5rhf Of q. A Co. 70 them. they could no.
nnesfi0n the transfer. and the court erred
IN permitting q severance of Mrs- W and
b. 4 Co. ana allowing the case 20 proceed
! rniuuf the former alter u bad
ben continuea - % the lat
- AL issues might BE settled
n n. errne suit. but g. A Cos iDdebted-
-. .lIorid b. established before . decree
-r~insf tie lard c0uld b. bad. Mr. "
-'rirrIrlr flsat ber husband bad deserted her
III tIiaf his trnnsfsr % j. vas in fraud. had
rrdor tied riglIt % intervene The pur-
ir.s al property with Deed In name Of the
- i r.-irna facis q purchase fgr the con-
purity. b1f % NAV B. shown that 2 - a.
-r.nisd e. = rrli % he Tife- Ihst the
- = Ddebisd VA Dot preclude hun