The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1884-06-06
THE COURTS.

THE COURTS.
soip OF oil. Vs. HAmmsn ct al; from Rob-
ertson county. Opinion by Sisytob, J.
The foundation Of this action being the
com mon interest Of the parties IN ths lnnds,
alleged TO have boon sold bv defendant
under tho power given him, and no admit
ing ,hs common interest, bus denying tho
sals of the land aud all other matters al'
legged in the petition, the answor seeking
partition OF tho land did not set ups cause
OF action which could DO determined In the
case There Selsg NO statement OF facts,
the avermsnts In the petition, which srs
not denied BY che answer, are taken ~
'rue The pelitioa alleged that ths Isud
certificate with which the land WA
located was the community prnperty
OF Il. Scip and her deceased husband; that
he left four children. naming them, who
were plaintiffs The petition and ansser
,oth alleged the interests o. the re-
spec,ive parties In the land, and the facts
upon when such interest arose, and laid
y proper basis for . partition OF the land
bet ween defendant and plaintiffs. II plain
tits desired Q partition between themselves
they should have asked IL. The PLAINTIFF
had time to meet the msters N sde by tine
answer, and II by thsir own fault thoy
failed to. do 20, they alone must sun en-
Affirmed.
Hudson vs.. Wilkinson; from Bcsz scoun-
~. Opinion by Watts, J. Adopted. The
doctrine that legal title passes 70 the mort
gagee Is no longer recognized in thi' state.
Mortgages OF personal property where pot
session does not possess oc'
cupy the same position ss Other l'ens,
and IRA out itc icnts OF deo'.
When poss.psion accompanies the
MORTGAGE the property is IN effect dl.dg-d,
and tht rights OF the respective parties are
determined by the law governing pledged
property. Because the deb, iiselt was
barred, would bs no defence 10 Al action
o, conversion Of property pledged to secure
| such debt. Tbr measure OF damages for
oonv. rsion OF properly Is the value Ui 5Hch
property Al the timo IL was converted WIN
interest thereon 10 the date ~ the judg'
meni. Reversed and r-mundeu.
Tiebont at A., VS.. MilllcaD a. a., from
l. Jberlson county. Opinion b. WplkPii r,
II Adopted The surviving widow OF =
decondent may absnd on or reiinqulsh 20
the est,te o' her deceased husband, AL her
right 10 demand or receive TIE benefit oi
any alioyapre made her Tlis can %
done ny her Nv contract, or sui 70 lenie
upon any satisfactory reason or consideFa-
ton TO herself q 20 having thGs sbRp-
dored her night by pcts or failure 10 do
what is Necessary, leading others TO believe
| thai sho has 20 abandoned Der rigut, M
though she had no Intention OF abandoning
IL, will be held to have done 50. The pc
tition charged an sc'pai, intentional aban-
dopment, snd after the lapse OF such tins
"a in shown 10 have elapsed Ia this case,
| (twsnty-eiebt yrars) her cls'm IL barred oy
state demand. Reversed snd r'msDded.
Tina Stat. vs.. Wells ct. al from Irnv,s
coun'y. Opinion by Wa !. ad)p'ed
IL provided by the conrritstOn ina Ill
officers IN the state shall continue TO per
torn the duties Of their ofiic, unt,l ti'"'r
successors qualify, which Is sub eot to *
ceptions, a. when ens rssigns, etc. Under
the constitution and laws OF shs state, the
sureties ON an Official bond ere responsible
and babe for say official misconsrct OF
tuch officer, even sfSsr bis ssra OF office OK
pres, Il such officers sncressor she'll not
nave qualified. The .usssiss On abe bond
| in q ueet Oh ware not released froa liability
unit, the SuooessoF 81 thor Irtso'paj hsd
qualified By giving bis bond AID having u
approved ~ the county com aissionsrs
court and tbs comptroller, notwishstApd.
ing the srdsr Of ths county CON onars
court. approving his suc,sssor's bond. Re-
yersed and rendered for the sssie.
suPI1MB COURT.
DouRhrrty ". Harris; from Wilson
county. Opinion by Wstts, J.. Adopte6s
the tune mona Of bill OF exceptions hstng
| I'd show tru,hfully and correctly what the
action OF tbs court was upon the question
be Presumed TO 80 show II
| In preference to any o,hor mat
| ter or instrument In the record An up
piicstion for = change OF vnnue sning made
made, whils 10 rs not . matter o' rlsht, ysi
| H. can oniy ba defoatcd when rsdo In CON
formity with article 1871, Revised S,stu'es,
| by the opposite parry showing that the
supporting nilidavits to such application
we're no, made by ere iitaols persons, and to
| this end evidence may he Introduced. H.
| vefsed aud remadcd with insrucaons u
the district court OF Wileon comfy to trans
fer the cause to AtAscosa counY from
whence 1t came. RevArsed and rsmaoae''
When General Grant wrote IN Mr.. Fish
that he was willing Ward should -esl'zs ior
the firm all the profits which his (Grant'r)
psme and influence could give, he did \
characteristic thing. This Wa MS meDlai
attitude when he was president OF ih-
United States. He was willing for MS
friends to make money-even 10 give them
tho benefit OF his name and inilusnce.
While we believe that General Grsnt IL
personally honest, We have never found him
sen sitivs on points Of honor. As president,
he had o corrupt crowd about him. he
stuck TO his frisnds when he knew they
were thieves and that they he'd abused ms
confidence.
General Grant is very kindly trts.st
ANY other public man who had done What
he had done would be damned - utterly
dishonest. But he II excused - thick
skinned blundsfer In business matters. ~
man like Blaine had written that letter
TO Fish IL would have bean tsksn ~ certain
evidence OF desire to profit by swindling
the govsrnmsnt.
Besides his title and other emoluments, the
English parliament gave the Duke OF Well
| line ton s. 500, 900 In . lump e,d perpetnal
pension TO him and his heirg OF $D,oO Der
annum. Lord Nelson and mis- relations re-
| ceivad n naaslv eouAl appregate bounty.
| The gift voted 10 the Duke OF Marlborough,
accortine TO DR.. swift, smiouoted 10 81
700,O 900, England has also pursned ihe policy
OF similarly rewarcing prominent poliL
| ical and Judicial serv css, one Judicial GEN.
sioner having received 1918 0OU, Two Others
s5lS.000, a lawyer ard psrliamentarian,
Lord Broughan, S5i6.U0, etc.
| lie iupds voted Roman general on return
| inc from, hts conc nests was an amount est'-
mated to be- about 5000, sufficient 90 uf-
| fray his personal expenses in uGe {
! triumph. Hs public employment aud
honors were supposed n be n tufiicieot -
verd for his services; but caDdor comptlF
tho acknowledgment that In these oocnr-
tunities ample amends W re- often u ,da ny
the contemplating consu.s and procon- ATS
| [Courier-Journal.
Maryland Democrats.
BALTIMORE, June 5.-The dfmocrei 10
sts,s convention Co elect sixteen de'cgs'es
TO the national convention, and the pres
dent electors met at noon. There WIS q
large attendance. I. b. Lsird was elected
temporary chairman. Committees we're
appointed and recess taken.
Decline of Man.
Nervous weakness, dyspepsia. imp,--
t4nce. sexual debility, cured by Wells
I 0