The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1882-05-11
Commissioner of Appeals.

H. hnlIIel VS.. l.. ii. CuSnlng; appeal
from Washington county.-A piano was
sold by the plaintiff under written con-
tract, to the effect that the other party
was to pay $50 on reception of the piano,
and $50 for each and every quarter that
he kept possession of the same, it was to
be returned on demand, and was not to
be removed without the PLAINTIFF written
consent, the prOviso being, that should
the above payments, 1915 on receipt and
balance due of $3.50 in quarterly INSTALL
ments of $50, with 10 per cent. INTEREST,"
be made, such other party was to become
the owner of the instrument.-Held,t that
a purchaser, from..such vendee as above,
without actual or constructive notice of
the plaintiffs claim, or of the contract,
rs against the said plaintiff acquired 4
a good title. Since the monthly rental
was ten dollars, and the admitted value
was was never more than 1925, consid-
cred together with the contract of the
party who took possession, the francisco
ton was in the nature OF n conditional.
sale, and the essential terms to. a COM
plete sale accompanied by de-
livery was provided for, defea-
And notwithstanding the use OF the word
hiring In the contract there will be given
to 1t no such legal consequence. By such
construction as above, the contract falls
within the statute oil frauds, according to
the last clause of article 1876, p. d. The
appellant, therefore being bona fds pur-
chaser for value, and without either actual
OIL constructive notice, and the contract not
having been recorded, the contract was
fraudulent as to him and he acquired q
good title. Reversal ordered and the
judgment rendered as Indicated above,
TO be SO repOrted.)-Walker, p. q.
L. b. ThompkIns VS.. j. b. Hart ap-
peal from Dallas county Appellee enter
ed u on his duties as salesman first day of
February for appellant according to con-
| months, at salary of S125 per month.
| He as peremptorily discharged, with
| out cause, about June 80. Nearly all
of the salary had been paid
up to date OF discharge. 1t is
shown by the petition, that the appellee
after the refusal OF appellant to further
| to accept his services, he could not the
utmost in his power obtain employment
until late in the season; and suit was
brought for one years salary, less the
amount received, and what he had been
| able TO earn after his discharge within the
year. Plaintiff obtained judgment for
| S509.70. The several grounds of error
| involve but the single proposition, viz.
whether the plaintiff was entitled to re-
| cover upon the allegation contained in
| his petition. On the trial below, the de-
fendants objection, to the plaintiffs
proving thht he made an effort to pro-
| cure employment after his discharge,
| because the petition did not allege any
loss or damage from having been thrown
out of employment, was overruled. Held,
| that, where the damages claimed result,
prinaG .facie, rs legal Inference from the
| facts stated, it was not necessary to set
| them out more specifically than was done
| in the petition. [Sedgwick on Damages,
9th Ed, p. 73l-note p Tex. 552
No error being apparent of record, judg-
ment is affirmed. So to be awarded
Walker, 2. G.
G. G. Wright VS.. j. K. p. Campbell
and wife; appeal from Lamar county
This case was reversed, on the authority
of 81 Texas, 81, at a former hearing, be-
cause, as the land was conveyed to the
wife for money consideration, and as
there was nothing that showed it to have
been her separate property, 1t was liable
| to sale, under execution against her hus-
band; and the decision was not upon the
ground the disputed land was purchased
| with the community funds. Although
| the above case was followed, its correct
ness was doubted. The cases that ex-
tend the judgment liens beyond the real
| and fix them upon the apparent interest
of the judgment debtorin lands, contrary
| to the common law procedure. do so upon
the principle that the common law doc
the interest which the debtor has in the
land at the date of the judgment flor the
execution, levy and third persons rights
will be sustained against the lien of
the creditor), has been qualified
| by our legislative laws, these
prescribing the effect of unrecorded con-
veyances and mortgages upon the rights
of the creditors and purchasers. [Grace
VS.. Wade, As Texas.l The common law
| rule is recognized as yet operative In all
cases, except those of unrecorded con-
veyances. That a resulting trust is be-
yond the contemplation of our laws of
registration, respecting the rights of
the lien of q judgment creditor or his as
signs, although they had no notice OF
the trust, is the rule in BlankeLship VS..
I Douglass. If "A purchases lands with
the funds of B, and take title in his own
name, a trust results to b and though a
purchaser from A, without notice of the
trust. would take the land discharged OF
the trust. But the creditors of A have no
right in the land, and as the case does
not come within the registration laws, If
the land was levied upon and sold as A's
property, and notice of the trust given at
the sale, the purchaser would take
the land subject to the trust. In the
case just put. snpposlng A. to be the hus-
band and B. the wife, is the result
changedS In Cook VS.. Bumont, the lat
ter, instead of purchasing from the for
mer, had bought the land under an eXecu-
ton against Cooke, with notice of the
wlfe's equity give at the sale, would he
have taken titles. II so, by virtue of what
law? The registration laws do not oper-
ate in the case. If, under these circum-
stances, the land of the wife can be taken
from that ofthe husband, she is placed
practically where equities accorded to
others are denied her. The presumption
that land to the wife is community pro-
perty, is certainly not stronger than the
presumption that the land conveyed to
A. is AS. property. In the latter case, a
trust in favor Of B. will defeat the condi-
tons of A. in every case except when B.
Is the wife of A. The judgment ought to
be affirmed; but is reversed in defer
ence 10 the opinion of the supreme
court, and it is SO awarded.-Delaney G.