Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1885-06-14
SUPREME COURT.
Synopsis of the Decisions Rendered at
the Austin Sitting Of the
Supreme Court.
Made up From the Full and Official Re
port of the Rulings and 0pin-
ions Rendered,

grove. Appeal from Hopkins county
The interest in and to the commu'
nity estate of deceased husband or
wife vests In his or her descendants In
the first degree. Should there be no
such descendants 1t vests in the sur
vivor OF the two. Grandchild or grand
children are not child or children rs
contemplated by the use OF those
words In art. 1853 OF the Rev. Statutes.
A different construction must be given
to the words Of new statute when
they materially differ from those used
In an old statute OH the same subject
matter as the new one. Reversed and
rendered.
J.C. Martin va. Sidney Martin, from
Tarrant county. An administrator
deed Is evidence only under art. 2OO2
Rev. Stat. prims facie Of the fact that
a sale has been made. Such deed Is
evidence of title only when there Is
sufficient proof that the administrator
had power to SELL liza deputy makes
deed In the name OF his principal
and for him, the deputy and not the
principal must acknowledge its execu'
ton. Facts in this case show when
taxes paid by one cotenant may inure
to the benefit of another. Reversed
and remanded.
G. G.. Wiederanders ct nj. vs. the
State OF Texas, from BuTnet county.
In order that the district court may
exercise the jurisdiction conferred upon
il in an action by the state to escheat
the property OF deceased persons 1t ia
necessary that publication OF the stat
utory notice should be made. The
object of such An action is that decree
be made declaring the,escheat and vest
ing the title in the state so that the
purchaser under such decree may de-
raign his title directly from the state,
freed from all cloud Of title OF all per-
sons who may otherwise have claims
to such ~ heirs. When the ancestor
dies an estate in fee and not limited
one is vested in the alien heir thus
subject to be defeated by failing to
comply with subsequent conditions.
An action IL necessary to declare 3
forfeiture where the estate Is thus
vested, by failure to comply with the
subsequent conditions imposed by
law. No officer has power to declare
q forfeiture, nor has the legislature
conferred such Jurisdiction on the dis
trict court. Reversed and remanded.
The San Antonio Street Railway
company va. j ames l.. Helm ct uX., from
BeXar county. Objection thai the
wife was Improperly joined with her
husband as plaintiff cannot be made
for the first time in this court in an
action to recover money which when
recovered will be part OF community.
II, however, exception be taken at the
proper time, and IL appears that the
mi binder has PR JUDGED the defend
ant in any manner, 1t will be cause for
reversal. Affirmed.
Il, NJ. Prince vs the international X
Great Northern Railway Company,
from Hays county. Though psssen-
ger is being transported on "a railroad
gratuitously, II he should be damaged
by breach Of duty on the part of
such railroad company, such gratui-
tous transportation does not relieve
them from liability attaching in conse-
quence of such breach. II q person Is
injured through negligence of the ser.
wants OF railroad company while
riding on hand-car, even though at
the invitation of the company's
agent, he may recover damages from
the company. Reversed and re-
manded,
The Texas Il Pacific Railway Com
psny vs.. w. q. Graves, from Parker
county. Where q railroad contracts
for the safe transportation OF Il passen-
ger, and such passenger has
inflicted upon him wrongs
and injuries by the servant of the
company, though the servant at the
time be acting beyond the scope of his
authority, such company will never
theless be liable on It's contract for
actual damages arising from the in
Fiction OF such wrongs and injuries.
The acts of the servant must have
been consented to or subsequently,
ratified in order to Justify the recovery
OF exemplary damages. When all the
facts aud circumstances Of the wrong
done is brought home to the knowl-
edge OF the company q retention OF the
servant in its employ will amount to
ratification, the facts ia this case
not warrantlng the finding of exem-
plary damages. Reformed and rem
dered.
KELLER