The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1883-06-14


Hon. A. II. Willie, chief justice; Hons =, W.
Stayton, c. $. West, associates; G. ) MORSE
clerk.
John Acers, appellant, VS.. Eliza
Moyne from Clay county. sui OF
tresspass to try title to $40 acres OF
land. Held The district court erred
iii finally excluding from the consld-
erauIon of the jury, The appellant
chain OF title to The land in SUIT der
iyed through the Buffalo Bayou, Bra
Zos and Z. railway company, and the
Galveston, Harrisburg and San Anto-
MO railway company, as It's successor.
Case cited in AZ Texas reports, IN
which the court held that the Texas
anu Pacific railway company succeeded
10 the charter privileges and rights OF
= the southern Pacific railway company,
As to Ella Moyne, who appears to be
a minor, the case having proceeded
as to her without the appointment of
"a guardian ad litem, on reversal
one should be appointed to protect
her rights. Judgment. reversed and
cause remanded. West, A. j.
Philip and Eleanor Woodward vs.
WIN. Suggett ct al; from Coryell
county. So much of judgment as
finds in favor OF the minors Geo.
Suggett and Mary Suggett, is affirmed.
In other respects, the judgment ap-
pealed from is reversed and reatfirmtd
and costs ordered to be equally diyld-
ed between the appellants and the In
tervenors i'll the suit. Willie, G. j.
L. ID. Torrance, administrator, VS.. u.
+. MarchOanks; from johnson coun-
ty. Motion to amend judgment over
ruled Willie, q. }.
Opinions by commissioners OF APP
peals were adopted as follows:
ID. l.. Brooks VS.. Ill. w. Young;
from Hill county. Suit to recover
$3.50 on note, which on its face is
purported TO he given to secure the
payment of the purchase money of
land describ d therein, and to EN-
force the vendors lien on the land.
Defense, that the transaction
involved was in fact a sale OF the land
to the defendant, and that when X
X. Brooks (since deceased and who
was the husband of plalntitf) con-
Veyed the land and received the note
sued on from the defendant, the title
was legally and equitabiy vested in
the defendant, and that it Was then,
and continues to be the homestead of
defendant and his wife. There are
other allegations of defense. The
case was submitted t. the court
without jury. Judgment was for
plaintiff on the note alone without
foreclosure of the lien, and plaintiff
appeals, assigning as error the refusal
OF the court to decree lien as prayed
for. Former opinion OF the commits
sioners court in the case Is withdrawn,
the court having proceeded upon the
mistaken assumption that the deed
from Young and wife to Foucher
had reserved the vendors lien. 1t is
therefore held i'll this respect that the
contract of sale was not executory
and that the deed conveyed all
solute title to the land, and
with it the homestead rights
of Young and wife. Judgment is re-
vtrsed ami rendered III favor of plain
tiff for amount of the note with inter-
est from he date of the Judgment,
with IA decree foreclosing the lien on
land. Opinion by Walker. J.
w. X. HamblIn VS.. Thos. b. Knight;
from Milan county. Reversed and re-
manded. Opinion by Delany, j.
A. Day VS.. Isaac Stone; from John
son county. Reversed and remanded.
Opinion by Watts. j.
Goldstein VS.. Kaufman u Runge;
from McLennan county. Affirmed.
Opinion 10y Watts, j.
Robertson VS.. McIlheny, Hutchins
Il Co.; from Washington county. AT
frmed. Opinion 10y Watts, j.
w. l.. Kidd vs.. l.. B. Collins; from
Falls county. Reversed and rendered
that appellee take nothing and appel
liant recover costs.
Ii u L. G. Ry. Co. VS.. G. S. Watson
u Bro; from Limestone county. AT
tirmed by agr eme Ltffor 5000.
Dillon VS.. Kaufman and Runge;
from Limestone county. Motion of
appellant to file record overruled.
j. ID. johnson VS.. Julius Runge;
from Limestone county. Motion of
plaintiff in error to file record over
ruled.