The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1882-05-11


hare " The lniefiinnce from her inothef |
Law ~ acknowledgment materially the
'afne now NJ under former regulations ex'
sept In tie form set out, aDf lstior not IN
peratiye, and an noknOwlodgnent that the
person WIS well tu0wn" tO the officer, etcu
serves 10 identity the signature, ETC., nswell
as.wO'ds Of tie statute known 10 Dc the
uorsDn whose signature Is subscribed 10 the
foregoing instrument" Affirmed. stay
ton,
H. u. Brooks aud wife W.. X, X. Chathami
appeal from Cook county, Defendant be-
low purchased Il tract OF twenty acres OF
wood land, to appropriate lattefly rs
homestead in connection with his prairie
farm, less thnn ten miles distant, upon
which he then lived, and subsequent 10
levy ofattachment by PLAINTIFF but, before
aware Off existence, defendant began use
o. the wood land, in conformity with in-
tention of purchase, Held, that If the tracts
had been contiguous and not exceeding the
maximum designated by the constitution
for rural hOmpsted, by virtue OF common
use and ownership (32 Texas, 45l). But
when the lands are separated, there must
be such an act or use as Will amount 10
designation of homestead Of the subse-
uuently acquired parcel as fully as the
original: and il has been well settled by
this court that mere ownership, coupled
with an intention, is not sufficient ga Tex
as, 6O5). The attachment having been
levied before designation as homestead,
such apprOpriation as Such cannot work
exemption (5l Texas, $685. When
wife answers she is in court as fully
as though served and sustaining OF
demurrer to her answer does not deprive
the court of jurisdiction over her person.
Affirmed. Stayton,j.
Charles ID. Grace, administrator, ct al, Us.
Martha b. Hanks ct al; appeal IRON Fan
min county. Long held by the court that
the testimony of single witness about the
declarations of a deceased person, alleged
to be O trustee is not sufficient to estaollsD
a title to land in an alleged cestui qui trust,
in opposition to a deed upon its lace, pur-
porting to convey legal title to such alleged
trustee. Besides the danger OF misunder-
standing and the treachery Of memory, the
more serious objection to the sufiiclency OF
such evidence is that no means are LEFT Tor
contradiction. % Texas, 1922 And moth
ing but an open necessity authorlZes an eH-
ception to the general rule. Here follows
a lengthy discussion of the details OF the
evidence in the case. While proof OF the
declaration, in the present case, would, not
have been sufficient to sustain the verdict,
vet being of a nature to admit contradlc
tion, there was an entire failure to reOnt;
and as the charge presented the question
fairly to the jury, the verdict cannot now
be disturbed The right of a creditor TO
ignore a fraudulent sale by the debtor,
inures to the benefit of the purchaser at the
execution sale, to his vendees, and they
may assert the invalidity of such sale. 4S)
Texas, 1881 Affirmed. Stayton, j..
Is. A. Brurdige ct al. VS.. X. A. Ruther-
ford; appeal from Bastrop county. Ihs pc
ttion does not pray tor any Judgment, Or
order which looks beyond the simple esta6-
lishment of the will in question as valid
Iln m 81 n
ner of giving it is required in the case OF
probating the written will of person not
diving in the state, as in that Of residents,
Up ID, $685. 1t is well settled by an inter
5 ate law, that for will to be ayailaba
as a imminent OF title in the c7ris
of this state, it must have "etu
probated in this state. az TeXas i'2l,
proceedings here be considered statutory
Tor probating and recording Vbe VII, as ~
opening an administratllu, he pislntl.is
cannot make any onI party urlend39I
the application being Il ode uuicr he stat
ute, aud notice is given - y cl,Ht.DH ut large
duly postet (P. l., o33S The uit beng
brought to, perfect and es.aba "a mum,
ment of title, that the saIi JCIcnoant
claimed to have purchased TIE ian+I from
certain heirs of the original graz zee, does
not render him "a proper party; and he may
plead misjoinder in abatement. Nothing
ia the nature of the subject matter OF the
anti which constitutes al exception to the
general privilege OF every citizen to be sued
in the country of his residence, having
been alleged, plea to the jurisdiction Is
rightly sustained. 1t is the unYarylng
practice of this court to note defects which
concern the jurisdiction over the appeal, at
any stage of proceedings, and after any
lapse Of time. The supreme court having
no Jurisdiction over this appeal, same must
be dismissed for that cause. lhulse VS.
Arambould, Tyler term 1881 Views ex-
pressed in the opinion upon questions pre-
scented that proper direction be given TO the
cause hereafter. introductory judgment
correct. Dismissed. X. S. Walker, p. j.
A. Zadek vs.. s. Landsberg; writ of error
from the district court of Navarro county
The record containing neither statement OF
facts nor bill of exceptions, it will be pre-
stunned that the evidence was sufficient TO
warrant verdict. "a Texas, 636) No ac-
lion being shown to have been taken blythe
court upon the demurrer the amended pc
tition, the party must be considered as nav
ing waived the same. Affirmed. Natis,c C.
j. W. Fleming VS.. John 7. heltJn error
from Tarrani county. In e absence OF
evidence to the contrary shown by the re
cord, the intendment and presumption OF
the aw il that wnateyer evide &c was pro-
per or necessary to support judgment Dy
tefault, under the file s'of the case, WI: ad
d lced at the proper time by the plaintiff, II
indeed any evidence was reiulredi IN the
absence of an answer, where nothing is con-
tnined in the record to warrant reasonable
supposition that writ OF error was prose
cuted with the expectation ola reversal OF
the iudr inent for any other purpose than
delay. the court will award ten per cent.
damages for the delay. Affirmed. Wal
her, p. c.
The Falls county turnpike road and
III Inrl Inn nol
from Falls county. A general demurrer
will not reach merely informal or defect
i've averment; if cause of action be shown
but be informally OF effectively stated, the
objection must be taken by special demur-
rer. The petition did not allege the amount
OF the physicians bill, that was left blank.
Held, the defendant having gone into the
trial without excepting TO the petition spe-
cially by pointing out the indehniteness as
to the amount OF said bull, the objection TO
evidence TO establish the amount made dur
ing the trial for want OF allegation as
to the amount, will not be heard. bvi-
dence respecting the time lost by the plain
tiff in consequences Of his injury and the
value thereofis admissible where the pc
tition describes his occupation and the loss
which ensued 10 him in consequences OF
being disabled from the wound. Dana
&c. for loss of crop expected 70 be raised is
TOO remote for consideration. Affirmed.
Walker, p. C.
Houston a Texas Central railroad com
pany vs. James l.. Leslie; appeal from
6rayson county. Appellee had boarded
appellants train at Van Alstyne 70
assist ladies I'm finding seats, and while
;hus engaged the train started. Appellee
then Jumped from the moving train and
w-s Injured, for which be brings suit.
Held, the liability Of the defendant IL meas.
ured by the fact that the injury received
iollOss pr0ximstely from the culDable Act
complafned Of, and IL The erysipelss sprung
n m tie injury. the dangers from that dis
ease, o. well o. the sEfierinss produced BY
il. constitute a portion Of the injury nsel.
and is none the iess 80, because under sim
lar acsidents producing fractures that q
a.se srauld not ordinarily ensue. IL
- -. L.. iI.n r.rI r.rnrnd thai |