The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1882-12-14

lly tho principal will not be- bsnhdp III,
"1fa party has notice " The authority un.
der which the agent acts, or Of such facts
as will uul him upon inquiry, then tho
principal will not be bound by the acts Of
the agent not contained IN the authority
conferred" Reversed and remanded VIII
son, J.
Blank vs.. Todd from Travis county.
When two notes are given At the salne
time by the same party, falling due ~ az
ieront times, but reseryng a lien on the
same laud, the payee and holder can sue
upon the first falling due without prejudice
| ing his rights for lien under the second
Parties purchasing under foreclosure sale
of the first note do so at the risk OF the lien
under tho second note. The fact that The
second note was contained In the deed lie
tween the first parties is sufficient notice tC
all parties, such deed being recorded in the
county where the land lies. The words "S
per cent. interest per annum until paid,
are construed TO mean interest from date
Affirmed. Watts j.
Shillings VS.. Howell; from Lamar county
One having legal remedy cannot invoke
the aid of equity, and when invoked his
equities must appear from his bill ana snow
the necessity for resorting to the writ. The
contract of sale being cancelled between
them, Howell was entitled to possession
and in the absence of any agreement To
the contrary, it stoald have been given
him. Shilling having fraudulently OBJ.
tanned deed from the patentee,. could not
withhold possession from Howell Had he
a superior right to the land the courts Of
law afforded him ample remedy for its re.
covery. Shillings does not come into court
with hands clean, and having a legal rem
edy could not invoke that of equity. At
tirmed. Watts, ].
Conrad e. Fable VS.. Huff & Brock from
| Caldwell county. Appellants, by the con-
tract entered into, were to receive speci-
fled price per head for slaughtering cattle,
and were to render Huff statement of &C.
count sales of tallow, hides, etc. Though
| frequently demanded of them, they failed
| to do this. The question is as to the meas.
ure of liability. Held, the market value OF
the cattle at the time slaughtered was the
measure of liability, and in the absence Uf
statement as demanded, evidence of such
market value was admissible. Brooks case
depending upon that of Huff, other assign
ments concerning his case in the event OF a
reversal, need not be considered. Affirmed.
Watts,
Howard ct. al. v. Kopperl; from Bell
county. Although the evidence admitted,
noticed in first two assignments OF error,
would not have been admissible under the
general rules. yet the agreement OF counsel
to admit SUCH covers the case. Execution
sales made by n marshal, or any other le-
gal officer, are required to be made at the
court house door of the county in which
the land lies, but as to assigEees sales in
bankruptcy, the rule does not apply. They
have O larger discretion and the court may
order the sale made at any place, time, or
in any manner that would suit the gaper-
al interests of all parties. Affirmed. De-
lany, j,
johnson VS.. Ziechang; from Williamson
county. The judge having tried the case
without jury and the evidence being con
flicting and no manifest error appearing,
his decision will not be disturbed. A party
upon going to trial cannot claim surprise if
he take the chances of a verdict in his
favor; when surprised he should ask for
continuance, with leave TO amend or take
new suit with the privilege of reinstatine
it. 1t is inadmissible to produce a tran
script from the county court to show that
defendant was convicted for breaking down
piaiptiff's fence, and evidence to show the
fence TO have been upon the land in dis.
pute is also inadlmssihle.. Affirmed. De-
lany, j.
Evans VS.. Lane; from Travis county. Ar
guments tending to delay, hinder or de-
fraud creditors are void as to third parties,
but binding on the parties themselves. A
fraudulent conveyance is governed by the
same rule. Evans having put property in
the name of Lane through fraud of his
creditors, is held bound by his acts, and he
is now estopped from questioning the title
with which he has invested Lane. Evans,
however, should not be precluded from con-
tinuing the partnership so created between
him and Lane, and the court in its con-
struction of the law to the contrary has
erred to the prejudice of the right of
Evans. Reversed and remanded. Walk
err, p. j.
county. 1t is inadmissible TO prove an
antedating superior title by parol testi-
mony; (27 Texas, 129). When offered as
certified copy OF an ancient instrument, a
certified copy of an original grant in the
land office in which is incorporated a copy
of deed and a power Of attorney is mad
Missile, as it is not offered as an archive OF
the land office. Further than that, the an
tiquity and authenticity thereof is assumed
by offering such in evidence. A court does
not err in refusing instructions asked when
a finding predicated upon such instructions
would be reversed. Affirmed. Walker, p. J.
Ross VS.. Fitch and wife; from Bastrop
county. Words imputing want of chastity
to female are not actionable per Sc, but
any special damage, however slight, will
sustain an action for such. The special
ties would not patronize her school and
quit boarding with her, and that persons
did not treat them civilly after the alleged
Islander was uttered, it was not necessary to
name these parties in the petition and ex-
eeptions TO the petition on this ground were
properly overruled. No error is apparent
of record. The judgment is affirmed.
Watts, ].
Elan ct. al. v. Donald from Falls coun-
ty. Elan received the land in controversy
through deed from Banks. In the calls
of the deed the line ran due dorih, when
the line recognized ana long established by
aoquiescence, ran east ofnoTth. The slight
variance cut of little wedge.shsped track
of land upon whichthe mill, ..etc., we're stu
ated. Elan, at the sale, stated that the
mill, etc., were not upon the land sold,
which was the same land as conveyed TO
him, and was being sold under trust deed.
Held. under such circumstances Elan could
not claim this wedge. shaped tract through
the conveyance TO him, and because Of his
fraudulent concealment of facts within his
own knowledge as the tract was intended to
be conveyed and the tenant lease was in-
tended 10 comprise all the land. The rule
that where q purchaser buys at an eXeCu-
ton OF judicial sale and discharges a debt
OF the defendant, or the estate IS not CON-
PEELED TO give up the land until his pur.
chase money is pad back, If his title fails
BY reason OF any defect in the sale, only
applies where the sale was fair and honest;
where il IL otherwise, the fraud vitiates the
rule. Affirmed. Delany,j.
For Sneaker of the House Of Representa-.