The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1884-01-18
THE HIGHER COURTS.
The Laws B,-wiys Illuminated for
Liiigants.
by the Legal Lights Of Appellate
Tribunals.
A Batch Of Decisions Handed Down
.upn.Nk COURT.

The Transcript Ia not signed by the CLERK OF
The district court officially, as required by
the rules and tho statute. (Au, iiio hrs,
Stats.J 2. That tho Afiidavlt OF inability 70
nav COSTS does not state that appellant IS
Nunabls 10 pay the costs, or alive security
,herefnr - hut that he IL "tol poor 20 do
500 (hrt. iiOi Rev, Siais.l 3 Because
The asslgnment OF errors was not hled at the
time OF making aud Ming OF appellant
Affidavit OF poverty. (kuls w
dist Ct Tho affidavit OF inabin,y reads
thus: "rhat no is too poor to pay the costs
OF said appeal, or amy part thereof or TO
Give ,eourity for the same" Held: l. The
Transcript being delivered 10 counsel about
the time OF the PRONUNCIATION OF amended
rule "a q Texas law review, 20, Inn. rue
2. The affidavit OF inability Is Insufficient
con,pliunce with the statue. .. 10 IL not
actually necessary that the assignment OF
errors should DO filed at the time OF nling
the affidavit Of inability, provided II n hled,
as In this case, Ia time TO give snmcient
notice to the opposite counsel. MOTION 10
dismiss appeal overrnled.
EyIar and wife vs.. Read ct al from Naysr-
ro county, Opinion by Stayton, !, Toe
debtor may designate TO what partic-
ular debt n payment shall De applied
where no owes more than one distinct sep'
arate debt TO the creditor. ouoh uesisns-
tion prscludes the creditor from otherwise
sppropriating it. II creditor receive
money, with directions to appproriateit ona
named d. BIT, IL must 20 to the spec He'd
debt, no matter what tho creditor may say
at the time; and an appropriation once
made. by designation n,,,,,o cannot ,o,,,o re
the deb ors consent. u A. Il wife
paid money 10 b. and directed him to ap.
propriate II to the payment OF the ueot
which had a lien upon their homestead,
the simple fact that he may have slose-
quently given sceipt which declared tue
money was received on general account,
or even upon some other named DEBT,
would not make IL encumbent upon the
debtor, nor upon his wife, to lake any steps
TO have the receipt changed, or N default
of sucn action, be precluded from insisting
that the money should be appropriated AZ
they had directed IT to be. reversed ana
remanded.
Hugo & Scbmeltzer We. Bruno, from
Webb county. Opinion by Willie c. J. This
Is an action oil tr.spa3s de bonis apostatis,
In which plaintiff alleged ownership In hun
self, and charged defendants with seizing
and carrying away his goods, without set
ting forth bis ,itie TO tue soous or claih VI
right under which defendants took them
from his possession. The parties went TO
trial upon "a general plea OF not guilty
alone. iaterposed by defendants. The only
error relied on relates solely TO the courts
ruling in permitting appellee 10 testify that
he held the goods alleged TO have peen ior-
chilly and unlawluly taken from him by
appellants under deed OF assignment ex.
ecuted 10 him Dy Basin Il Co. for the bene-
fit OF their creditors. rhe objection wac
thai IL was not admissible unless the deed
itself was produced. Held, There was
no necessity for plaintiff TO prove the par
ticular tito under which he claimed the
property. The validity of the assignment
not being attacked, no proof was required,
and all the evidence on the subject was i'm
material, 2-The case being tried by the
court, the admission ofthis irreyelant ties
timony Is not good cause Tor reversal, as
there was suff nent legal evidence To JnstliJ
the fading OF the court. Affirmed.
Turner W. McUauiiea, from shuck!eiord
COUNTY. Opinion BY Delaney, / Adopted
Action OF trespass TO try title. PIaihti II
claimed the lana as pre-emptor under act
Of May 20, 1873 for benefit oil actual settlers;
alleged the land TO be IN Shscelelord coun-
w, and get no q compliance With ine Stat
ute Original and amended original pei-
tions flied in 1880. Defendant answered by
sworn plea 10 jurisdiction, alleging the land
to be in Callahan county, etc. The second
contains no bill oil exceptions, ana tue state
mont OF facts is confined to the evidence
Jurisdiction. Held. The boundary line
between the counties of Shackleiord aud
Calhoun was ests olished in 1877, and from
that time hsg been recognized by bo'n
counties. The land herein Is north OF that
line and Their fore in Shackleiord county.
Owe must presume that there was EVIL
dence to support the judgment. Anirmed.
Elan ct al. VIZ Parknill Ell a., from Hill
county. Opinion by Watts, J. Adopted.
Action OF trespass TO try title. Plaintlus
claimed through tbs will OF Joel Parks, de-
ceased. Said will beQueathed the Ian
to Elizabeth @. Parkhill to hold during her
lie tune, unless ehe married man with
more than one child, in which case II was
to be the properly Of her children. Eliza
beth Parkhil married man With more
than one child DeiendanCs claimed oy
purchase from said Elizabeth, and suggest
ed improvements in good latin. GA the
trial the court excluded evidence as TO good
faith and valuable improvements, and gave
Judgment tor paibtiffs, Held, Ito en-
title u party to recovery for the value OF
imp ovements, H. Is ESSENTIAL that he De
purchaser in good faith. He must believe
he is the true owner OF the land, ana De ig
norant OF the fact that hie right is contested
by some person claiming u superior title.
Notwithste ndiug he may have notice oil an
adverse cl aim, VI he has reasonable and
strong grounds for believing such claim TO
be unjust, or Illegal other requisites con-
curing. he may be q possessor IN sopd
faith. az Texas, 307; "a rexap, 3b z
While ute /, DOT essential upon winch TO
predicate claim Tor the value OF improve
ment, IL is necessary that the party sOould
enter and claim under color oil title, I. g.,
tho party must claim under an apparent
title. $50 Texas, 104) 3-rhe law cnaIRes
appellants with knowledge OF the extent OF
their vendors right, or estate, in the land,
and that she could only convey that estate
She being tenant for lite, burdened tn
q condition, she could not recover against
the remainder man for the value OF the
improvements put upon the land during
her occupancy. l5edg. q Walt on trial OF
title to land, p. 4I9. section Iosl herein'
her vendors occupied no better attitude,
or more favorable position than she. The
court therefore did not err 10 rejecting the
proffered evidence. Affirmed.
Bplawn ct al. VS.. Cnew ct al, from Red
River county. Opinion by Willie, 9. J. In
cases OF ordinary life insurance the uene-
ficiaries named therein become the owners
of IL the moment IL Is issued. and the In
sured cannot by An subsequent act transfer
70 others the interest OF these beneiciaries.
A person procuring the policy Is not pro-
hibited from entering into such arrange.
ment with the insurer as may DE aereed on
either o. TO the benehcisriee. or me insur.
er's control over the same. 10 this respect
An insurance does noi differ from an ordi-
nary contract, Benefit certificates In the
American Legion OF Honor are subject TO
the control OF the insurer as respects the
benefcisr,es. As between the ben. Tic ries
and the Insured, The association not OIL cs-
ing. he may exercise change o.! be"encis-
ries by will. rhc facts Of tn case au,ho'-
ize the insurer In said Legion OF Hoaor to
name In his will beneicisries other than
those named in the benefit certificate. Re-
versed and rendered In favor OF the appel
lat
Eastman Elk. W.. Ralslon q al, rom
Washington county 0pinion by Stayton. J.
Heidi. The classification Of the respsc OF
i've claims against the estate of a decetent,
could not PRECLUDE the probate court from
making IL curry as TO right OF priority OF
payment OF sne creditor over the other, ON
Of the proces DIS OF the sale OF property, II