The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1884-12-18
tue HIsaHER COUNTS.
SUPREME COURT.


Green VS.. john + elRuson, 81 ali from
Hopkins county. o. inion by Stayton,
i. Under the lawsof tins state mar {
ried woman, even with the consent OF
her husband, cannot invest her sepa-
rat. iuLds ~ Il ueIcau lie business ana
thereby become entitled 10 the pr0hls
ana Accommodations ecrplng III such a
business as pdrt Ot her separate estate.
The wife may contract ,or necesSarles
furnished herself ana children, and for
all EXPENSES cured 10y her tor the
benz nj cot her separate estate The huS-
band may convey 10 The wife to reiin-
burse her tn her separate estate used
by the community o. by himself; anu
as between thvIn, II there DO 40 credit
-ors. he may lieStuW upon her all the
community ESTATE, but he cannot con-
tract that Tie pruhls arising theretrOm
in the future shall not bo Liable for the
satisfaction oi community debts which |
have accrued or may accrue. The ale
gatiuns vi the petition In this case were |
insutlic ent 20 sustain an action against !
attaching creditors of Il husband, Of |
goods claimed 10y the wife 10 have been
conveyed u her Dy The husband and as
sigu 10y her ioI The benefit OF her
creditors. Affirmed.
Gregory, CuuleN u Co. VS.. Baauchamp,
from ELLIS county; opinion by wine, C.
l. Where the evidence shows that one
OF the parties were merchants deallnS
in cattle, and the other merchant ship
ping cattle 70 them to be sold on COM
mission ana tue charges i'll the account
AGAINST the latter are Tor monies adj
yanced 10 him by The former for cattle
purchased or 10 he purchased ny nm
and shipped to The latter, aud con lists
OF original charges vt each party against
the Other, such an account rs mutual
and current account ANA comes WITHIN
T.. III AZ nj t..l.
32O5, supui, ision 3,revlsed statutes. An
account stated il one which has been
rendered by The creditor and has been
by the debtor dsseuted TO "a correct,
either eXpressi, or by implication of
law from u failure 10 object. Such facts
as stated constitute 10th parties mer-
chants within the meaning of the law
of limitations. Live stock are Included
iii the term merchandise, and one dea =
ing in them are merchants within the
meaning ot the law of limitations. Re
ycrsed and rendered.
Pearson IS. BOyd from Limestone
county. Opinion by Delany, j. Adopted.
P purchased from ii, who claimed
under an eNecut0ry contract with
contrac5 with II. The posse $ Y
of ii was, therefore, not antagonistic It
either Of the other two. But when
repudiaied his contract with ii and solo
tho land TO oCher paroles, the e was III
priviJy betW cen Is and THESE secont
Venuees and he could hold agaius
them. AS Il was not made party Il
the suit between II and n. in which TIN
second vendees interviewed the juhl
ment was not binding ON Dim. Unde
the statute OF limitations OF three aut
Eve years mere intruder can reeve
nothing, for under the one the hOlde
must 1T least have color Of title, ant
under the other, a deed duly recorded
Under the ten years statute, ii the il
truder hold only five acres in accord
anCe with the statute, the law gives hl
100 acres, incl iding his improvements
If, however, the occupant holds unde
memorandum OF title duly recorded
his possession will then extend to tn
boundaries specified in the instrumen
Affirmed.
Perrin VS. Perrin; from Hunt county
Opinion by Stayton, Under the 40
mitted facts the equitable title to ont
half of the land acquired under the col
trac, was in y, while the legal title
the whole was in b. Through a par
partition between them the equitab
title to the land set apart to A vested
him free from any claim OF II, wi
simply held the legal title to the parti
ular tracts of lind so set apart to a,
trust for him. Although b became i
title, either legal OF equitable, passed
his children during MS lifetime. ~
they having no title, could convey non
The deeds made by BIS children we
but quit claim deeds, made witho
payment of any consideration, nj
would not even estOp them from asse
ing an after acquired title. Where 1
holder OF the equitable title request
the persons h lding no title NJ all
convey to he land which he cquitat
owned, there il no estoppel is pals
equitable estoppel. Reversed and re
dered,
Gibson ct al. Va. TempleLon, from FL
county. Opinion by Willie, Z. /.
der our constitution the district COZ
has no jurisdiction Of any civil procet
ing which is not suit, complaint
plea involving u matter in controvel
amounting to 5000 exclusive OF in err
except IL be a proceeding coming unt
its general power to issue in iniuncti,
mandamuS, certiUrari and writs nee
Sarv to enforce its jurisdiction. \ p
oeoding To contest an election is not
suit complaint or plea within the mel
ing of the constitution. There is
ference between Il contest Of an elect
and suit for an office. The former
wolves an extra judicial quesu n to
regulated III der the constitution by
political power of the state, the Lat
being a sui within the meaning Of
letter and spit of the constitution. 7
district court, therefore, cannot enl
tain jurisdiction OF Il proceeding haV
for its object the contest If an electi
In q suit To contest the aidity of
election under local option law, althor
the county attorney Is made 10y law
part cunteStee, aud although an iniu
ton be ASKED to restra n him from pr
ecutiug the contestants If they ShO
sell liquor in violation of tho llegod
legal prohibition, the district court
no jufisdi tiOu. Appeal dismissed.
tUrtsun vs.. Afford, ct al from DaI
county. Opinion nv Watts, /. adopt
District courts have no original jn
dictiOn or cuutrul over probate con
Their power in respect 10 probate col
10 appellate only. Probate courts Il
entertain bills OF review and annui
that way their own DEGREES prnbat
wills. Where the proh,to curt
committed an error In decisions,
ders or DEGREES, or VIII re the court
been imposed upon and induced thcr
To act by the deceit or fraud of "A part
bill of review du v presented hy a nj
apiIterest will give the court powe
correct the error aud annul and
aside all such acts u were procured
fraud, when righ's OF Innocent 4
parties have not interviewed. Reve
and remanded.
: Everyone has a viii anu min,
think for himself, yet many will
about hacking and coughing uni
friend recommends Dir RutI'g M