The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1883-05-22
THE DALLAS Herald.

Judge. Appellee was undoubtedly
interested in the proceeding COM
menced by him to probate the will.
he was plaintiff in the cause; he was the
only executor named in the will, and the
en,ire management of the estate alter her
death was com mitted to him. subject TO the
supervision of the court having jurisdiction
OF such estate; his office was one OF pecu-
mary benefit, subject to be increased or di-
minished by that court; his accounts were
subject to the approval or rejection by the
Judge OF that court he must give bond and
security, to be approved by the court, hav-
ing the estate administered within its juris-
diction. For certain malieassnces or DISC
bediences OF orders, he could be removed or
attached, or imprisoned by that officer, etc.
The theory OF our constitution and statutes
is that no man shall be judge IN his own
case or decide when his own rights or inter
ess are in question.
Williams vs.. San Saba County; from San
Saba county, Opinion by Willie, c, j. The
decisive question Is: Did appellee show such
utlO as authorized "a recovery In case In
which the property was bought upon a
credit and deed made to the purchaser IN
tended by all parties Concerned to vest both
the legal and equitable title in the persons
to whom the deed was made the payment
OF the purchase money at some subsequent
period cannot have the effect OF vesting the
title TO the property in the person making
such payment, unless there be written
contract between the parties widening such
intention. The burden of showing such u
state of facts as Duld entitle appellee to
have the legal title vested elsewhere, d.
vested and vested in itself, is upon appellee;
and in the absence OF such proof and PROOF
of knowledge of such facJs by the purchas-
ers from such third parties no recovery can
be had. Reversed and rendered for appel
liant.
Williams VS.. Raglan ct al. from San
Saba county. Opinion by S'ayton, ]. A
proposition being made to certain counties
by the District Conference NJ. II. Church
South, to erect and establish high school,
etc, San Saba county competed, and by
subscription raised the amount, appellant
subscribing a certain amount, for which
suit is now brought. Held; This Is not
the ordinary case of a subscription to some
charitable OF public plrpose, in which there
are no contracting parties except the sub
scribers, but where the subscribers are par
ties on one side and the district conference
on the other Upon the acceptance of the
proposition by the conference, the snbscri-
beers became bound, as did the conference
upon its acceptance of the subscription, etc.
probate Judge was held disqualified to
appoint his wifc's brother administrator of
An estate in Hall and Groyn. QO5 Mass. 2l0)
A county judge was held TO be disqualified
to preside in an estate when he had pre-
vously acted as temporary administrator
and had not closed his account ms such in
Banks and Bennett 90 Tex. 2i0) As ap.
pclec was therefore interested in the pro-
batting of the will he was disqualified 10
preside and the cause was correctly tried
by the district court. There being in this
case no revocation of the promise by APP
pelant until after its acceptance, by the
conference and there being no act of that
body in any way changing the contract,
he is bound. parsons Oh contracts, p. 420,
20 Tex. %, "a Tex 2Ol, 81 Tex. 49, Al
nrmed.