Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1884-02-08

court having jurisdiction of tho su
jet matter of the suit. had power
ndj ust the rights Of tho several pnrtl,
claiming an Interest In tho propcri
on which tbs lien existed, although
the interest claimed In the propcrt
sought to bc subjected Ia the lien, ma
not us to some OF the parties have bcei
such IA Of itself 10 give the court j.
risdiotioD. Affirmed. Staytou, jup
tice.
Smith 1t nj. Va. Wingnto, from o.
nDge county. in making
bond payable 10 the county judge
would have been more technical B.
have added In the body his ofllcin
character, yet 10 being payable 10 tn,
county judge. md approved by thu
person In his official capacity, y wa
sufficient Where suit II brought by
one person for the use or another. tn.
real plaintiff In the beneficiary, ana h'
may maintain the suit though Tho mp
parent plaintiff witbdraws. In TIL,
case WiDgato brought suit ns county
judge for use OF the county. Whhtey'
or Judgment he might recover would
eDur0 10 tho county. There was n,
necessity that the petition should show
that the county had authorized tho
suit. Affirmed. Willie, &. j.
ELLIS w, Ross, from Ban Jncipto
county. There IL nothing 20 show
That the contract of si,ls Of The land
was cxecutory. Hence tho remedy
upon deferred payments wns upon the
purchase notes, aud 10 foreclosure Of
the vendors lien. The plaintiff would
have no power 10 rcsCind tho contract
of sale. Tho citation ~ sufficient ~
,I.,t. LA. al. hi m Al
payment in no far IA IL rescindB the
snlc OF the lnud aud only complains of
the rendition Of Judgment for rents.
The Judgment viii DO nlrirmed NJ de-
fcudnut In errors cost if within ten
days, M no suggests, he shall remit 10
much Of the judgment IA IL for the rent
or damage for tlio use Of the same =,
otherwise Judgment will DO reversed
aud roiDanded. Ordered accordingly.
Biayton, justice,
COUNT on ArrEAt,s.
Williams Va. this state. fro N Wash.
lngtop county. The appellant IN this
case wins convicted Of murder I'm the
frat degree, with life time In the
penitentiary assessed IN puul4linent.
The deceased WIS tho husband OF tho
appellant, and IL was tho theory or
tho state that Judge Williams, her
step son, and The aoD Of the decensoh,
fired The fatal shot at her inHtlghtiob,
Judge Williams turned states eyi..
deu0e, and WAS produced on tho trinl
IA n witness for the prosecution. lie
gave In detail the circumstances 81 tho
murder, aud testified that ho was In
duced ~ lire the fatal shot by tho APP
pellnnt Hut held, that when the
state relies Bolply upon Tho testimony
Df hn nGooniplice In the crime 10 secure
"a con yicti0D, the testimony 81 such no
acGOmplics. however crlniinhllyc,
must DO supported by corrohorati''g
evidence, or the ylGtioii wiz DO het
aside. IN this case theirs " n lothl
want Of confederation, and the Jug
nonl ~ reversed and tho case roipnnu-
ed. Hunt. j.
NJ. A. II. Allen 81 nj. VI. Thompson,
from Houston county. TINS was
suit by Appellants for $50 ~ rent, ny
distress warrant, II wis based upon "A
written instrument signed 10y TIC hp-
pellee, which, In substance, was u
recognition of The appp lants 49, bis
landlord n was pleaded y defense
that when ths appellee signed the con
trncL las was In possession 81 ilie ihhu'
holding u partly va the separate prop
erly Of hls wife, aud another portion
"a The property Of Mrs, II. That PRIOR
IA tbs contract appellants reopyefed
Judgment against appellee anu others
rnr one-hnlf tho league with writ .,
posspsaio0; iiiat his wife, who owned
hall, waA not made party ~ iliu Hul'
or Judgment, wherefore liaf lights r,'i
not 10 effected; That appellee bud crops
on tbs land, aud whoa sbofllf aud np'