Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1885-10-24


Ledbcttor conveyed TO Susan Calhoun
and Eugcuia Ayc0ek February 10, 1879.
Both deeds were recorded ON the same
day executed. This action Is BY the
creditors of Jesse Calhoun Ia set aside
the convcyances a. having been made
without valuable consideration, and
fraudulent as to them. The defendants
showed Il regular claim of title from the
government, Held, that Us the evidence
showed that the claims of the plaintiff
against the estate of Jesse Calhoun wcrc
approved more than three years before
the filing of this suit, aud no diligence
being shown TO discover the fraud, the
court should have Submitted charge
upon the statute of three years The
fact that the creditors were lead To be-
licvc by the inventory Of the estate of
Calhoun that there would bc sufficient
without this land would not excuse
| their want of diligence. The mere
! fact that the debtor, short time before
his death, had made Il voluntary convey
ance or a conveyance for a grossly In
adequate price Of the bulk of his property,
/ would be a fact that should put creditors
| upon Inquiry as 20 the suHlclcnuy Of the
/ residue To satisfy their claims. and
! proper diligence would require an cN.
| aminatlon of the titles and value of such
residue. Reversed and remandcd Opiu-
| ion by Stayton, j.
! G. H. Thompson ct al. vs.. w. j. Hath
cock ct al, appeal from Anderson conn
/ ty When Il cause Is decided by the Judge
without the Intervention OF jury, aud
there is evidence enough to sustain the
] iludiug, the admission of Illegal evidence
Is no cause for Il reversal Affirmed
Ian 3. q fH
The International s Great Northern
Railway Company IS, Mary Ormond;
Iapppal from Anderson county. While the
authorities all agree TINT in an action to
lrccoycr for injuries caused to a passenger
uu railroad train through thencgligcncc
of the company, Che plaintiff cannot re-
cover il his own noglgontc proXimatcly
contributed to the injury, this express
sion, however dors nos convey 30 the
unprofessiunnl mind a sufficiently definite
ideg, and IL rs not error ia submitting this
issue Tor tho court to cstheW
this technical expression. The act
OF negligence proxmatcW con.
tributes to the injury when
without tiu, act of negligence ON the pnrt
Of plaintiffs the injury would not hayr
been inflicted woods. Master and Ser
want, p. G3s. Judgment affirmed Opm-
ION hy Robert .Ou, j
Il. Hanks vs. Floren.c Crosby. appeal
FROM Anderson county.
The land I'm controversy was commu.
nlty property OF James Cate. and Ids
vile, rmjlinc Gates, awho were the pa
rents OF Mrs Crosby. their only child.
II was the homestead nt Tho dcpth of
james Gates. rbc appclant ciaims tito
through conveyance nom Emilnc Gates.
after line death Of her husbnnd. bul no
fact was shown which would authorize
her TO sen thc propefty. Appcnnnt
cIaims by limitation aaaiusi Mrs. crosby.
potwiths landing her minority. for the
reason TINT administration on the estate
Of James Gates was taken ont ana the adj
Illustrator might have brought suit
Hold, that the nroperty being he home.
etpad. tht. administrators had no rlpbi or
control over n ms a mart OF the assets Of
tlq estate. Al tbe death of the husband
me tile vested IN his wife and child. and
Limitation aid mot run against Inc child
durlnp her minority. n Is only where
tl,n lergl iltle Il. vested In fine trustee that
1 Limitation rms nnalnsf Tho ccslni ullc
/ trnst. Lacy y Wuliams. Ten. lss.
| A0rmed opinion by Slayton. j.
Thc Missouri Pacific Railway Compauy
!