The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1882-04-20

Travis Henderson ct al VS.. r. d.
Ownby ct al appeal from Lamar couu-
, ty. Judgment reversed, and judgment
( perpetnating Injunction rendered Opin
ion by Chief Justice Gould
\. Z ldek VS.. S. Landsbug; appeal from
Navarro county; opinion of the com
rlissioners of appeals, delivered by
Judge Watts, adopted. Judgm' nj al
| firmed
W. IL Griffin ct al VS.. o. p. Arnuld
ct al, appeal from Hill county; opinion
OF the commissioners of appeals, deliver
ell by Judge Watts, adopted. Judgment
affirmed.
A. Siantzenbcrger ct al VS.. John Kneu-
pr ct al, appeal from Guadalupe county
opinion of the commissioners of appeals.
delivered by Judge Watts, adopted
Judgment reversed and the cause re-
manded
B. A. Brundige ct al VS.. r. A. Ruther-
ford, appeal from BastrOp county; opin-
ion by the commissioners of appeals,
delivered by Judge Walker, adopted
Appeal dismissed.
SYNOPSIS OF OPINIONS.
Decisions of supreme court l. II
Saunders VS.. r. Hart appeal -from
GraysoD county. When, under the act of
August 30, 1886, surveyor subdivides the.
university ague into III! Lacre tracts, IL
controversy about a previously agreed
line, the courts will not assist unless
agreement express, and the surveyor had
authority to make such agreement. Up.
d. 300. When old line resurveyed
for purpose of remarking, full rati-
fication and long acquiescence could
only bind owner. Love VS.. Barter, II
Tex. 3l0. The state case is only
estopped when the act is. done in
her sovereign capacity through the leg
lslature and she cannot part with her
title to land except by grant or other
recorp evidence. SO GA. 4S6. The
sovereign power is trustee for the peo-
pie, and the latter can always have the
truth shown regarding any statement of
facts by their agents. A. n. G.. 1872. | The
state holds university lands in trust, and
legal title remains until sale, and full
compliance with the terms thereof. [P.
ID. 355S Affirmed J.
Jno. III. Belcher VS.. Marshall G. Seal
ing appeal from Cook county.-Court
below ruled correctly in refusing to ad-
NIT cotempOraneOus parole agreement to
contradict or vary written contract. Sur
rounding circumstances may be given to
assist in Interpretation, or words can be
explained, but the old established prin-
ciple, founded in reason, must not be
disturbed. 2S Texas, 552 Bshd. Cutes.
So; II Wind. 573. AS examples of
where matters collateral and consist
ent with, yet distinct from the contract,
can be introduced as evidence TCide.
Al Texas, "a. There was error in
hearing oral testimony as TO a claim for
damages on separate verbal agreement
not embodied in the instrument itself
Reversed and remanded.-Stayton, j.
OPINIONS OF COMMISSIONERS ADOPTED
Geo. Pfeuffer VS.. Katarina Strempel;
appeal from COmal county In the alb
sence of assignment of error, the record
can only be searched for error in the
foundation of the plaintiffs action. T44
Tex. $40 Under the probate law of
1873 (pages 10S-9), the clerk of the dis
trict court had no authority over the
permanent Enthusiastically in the event
of contest, and the attempted appoint
ment by him was void. When the tenn
porary administrator virtually abandoned
the estate, outside interference was per-
Missile, though ordinarily the formers
should have protected the estate until
permanent administrator was appointed.
Affirmed.-Watts, c.
II. G. Still VS.. Gilbert jackson; error
from the district court of McLennan
county. The exceptions that ex-
ecutors, administrators and guar
dians cannot testify where judgment
may be rendered against them, unless
called by the court or opposite party;
and of husband and wife not being al
lowed as witnesses in their own behalf;
to competency of witnesses in civil &C,
tons, not extended by public policy; to
partner speaking as to his interest, or
that of any other member in the partner
ship. Parties desiring to have the action
of the court below reviewed, in admit
ting or rejecting evidence, must send up
the proper statement of facts, showing
relevancy and importance of errors COM
planned of. [23 Texas, a. Affirmed
Watts, commissioner.