The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1882-06-15
COURT DEc;sioxs.
-. Of opinions Of the Commission ol
Appeals

l,red the corporation the mere assignor
,.A.t title to the notes upon the under
ling that it would not in any way be
~ for their payment. The section of
.,Aarter relied upon by the assignee in
| case 10 create an equitable lien upon
/ .,oek will not sustain the appellee;
4, no equitable hen or charge created
/ = "a secure the payment of subscrip-
il cannot be construed to create a
s,.I lien upon the shares of stock in ia.
~ whoever might become the owner of
Vav;dence of the Indebtedness of the
nader. Two remedies are given to
arnoration to secure payment-one by
mon the agreement in writing, the
Nv sale of the shares at auction by the
.ors The charter creates no general
nron the shares that may be enforced
,SIt hut special power ia the direc-
20 ~ enforce payment by particular
The power conferred upon the di-
w.. N sell the shares in default of pay
y, If the subscription, is in effect a for
en- fthe shares. Reversed and remand.
Watts, j.
HAYNES VS.. Epps; from Collin county.
~: survey being made before the rejection
s,ss certificate by the board of land COM
s.;oners. the subsequent valuation of the
.sSrate by the district court, under the
sI February, 1858, is conclusive as to
mperority of that legal title (under
sispp as against, another patent, in
absence of affirmative proof
aa superiority of the last, or equitable
IL In other words, the burden of proof
s"non the last or equitable to show title
,Dsror TO the first or legal title. Re-
ri and remanded. Watts, j.
swell VS.. Lawrence; from Dallas.county
INDICATED land certificate is personal
rosrty and may be sold by parol. But
san located the character OF property
s,nres, and the right OF the holder at
M to the particular land located by it,
Ain order to pass title the conveyance
Abe in writing. But charge that the
iypry of the certificate would pass title
asber located at the time or not, is not
General correct principle Of law, but
qtbe determined with reference TO the
nd In this case such charge was not
wueous. The facts in connection with well
mgnized principles of law will not war
btareversal Affirmed. Delaney, j.
Neyers VS. Eastenwood; from Johnson
Oniy. However the rule may have been
petciore understood, it is now settled that
award being bad as n statutory award,
action cannot be maintained upon it, as
Common law award. After the rendition
Judgment the clerk has no authority to
sue cost.bill, carrying with it the force
nd effect of an execution. 1t is only pend.
b suit and prior to judgment that it has
lh effect. After judgment the only
nedy Is by execution upon the judgment
bhich, in the event of appeal, is suspended.
Sehii's sale of land upon certified cost-bill,
her Judgment, and especially pending APP
val, vested no title. Reversed and re.
tsuded. Watts, ].
Civ Of Corsicana VS.. White; from Navar-
bounty The most important claim for
,nsgesis based upon the arrest and i'm
ionment of the plaintiff and extortion of
honey by officers denOminated the mayor
ra marshal of Corsicana. These things
na alleged to nave been done wickedly, un-
xhly, and without authority, and also
BAT they pulled down his fence and let in
pile on his garden. Held, petition, this
y bad upon demurrer, because if the
by@ and marshal did these things lawful.
the plaintiff has sustained no wrong.
Otherwise, they, personally, and not the
" we're actionable when the whole case
fcw no grounds for equitable interior.
Pc, injunction should be dissolved. Re.
ened and demanded. Delaney, ].
hendenheimer Bros. VS.. Allen; from
euertsOn county. The suit was for use Of
EnehOuse in II. in which cotton-seed
Nslored. The contract on the one hand
that article 1856 Rev. Sts., authorizing O
ftior rent to brought in the county and
falnct in which the rented premises are
Fuated, authorized the institution o
suit in Robertson county in which Ii.
situated. On the other hand, that being
Storage, it does not come within the per.
totthat act, and consequently the jus
~ court of Robertson county had nc
fsilct'on; but held, in effect, the premis
were rented, and court had jurisdiction
amed. Watts, /.
Ackie vs.. Echols; from Navarro county
Wlagalnst an executor or administrator
eaollsh moneyed demand against an
de must be brought in the county
He the, estate is being administered
w sued as an executor on what was
med as moneyed demand, it was
essary for the defendant, in his plea &c
jurisdiction, to aver in what county the
Nc was being administered. Under the
aorllie,ss, the principle obtains that
aey collected upon Judgment which /,
wards reversed may be recovered in an
01 Tor money had and obtained. This
does not apply here. The money in
use was paid upon q written contract
atsel IN which the superior title to tn,
admitted to be in the estate of Il
tlees, under this contract, became
.als, and, as u general rule, will not be
uto deny title under which they held
.aanis, Aside from that, they could
avoid the contract by showing that i,
induced by fraud, or mistake of fact
used and remanded. Watts, j.
eN& Pacificrailway company VS.. Fer
rom Dallas county. When n pas.
~ ouys tickets and checks for passage
.G;aggage at one end OF continuous line
away, running over several railways
lying TO different companies, which
uand check were sold by an agent al
y The termini of said route, and who
aN purpose represented all of said
NJ and furnished checks, etc., includ
name each Of said railroads, each
%nese railways became responsible
transportation and delivery of the
WV, Plaintiff is entitled to recover no
man the value of the property lost
air market value is deemed an ulti.
compensation to the passenger. He
recover as damages the expense in
m searching for the lost property
,s W. on the value of the lost property is
~symyersble, unless when II Is admissi
v%haow II not rs incident to the debt
O nhsn allowed "by way of mulct
'o sn'nent for fraud, delinquency OIL
e 70 The debtor, or injury by him tc
o w.or," The court erred in charging
merse OF this last proposition, anc
s'Ig charges covering the other prin
reversed and remanded. Wal