Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1886-04-30
THE HIGHER COURTS.
synopsis of D~ctaionH Rendered at tho Az
tin sitting of tho supreme Court

synopsis of D"ciaiona Rendered at tho Aus.
tin sitting of tho supreme court
Chas. s. Newton ct al vs Emerson &
CO., appeal from Dallas. The only ques.
ton IN the case Is did the instrument of
date 18th OF June, 1871, convey the inter
est OF Newton In the land In controversy
to his wlfr2 This instrument was not
subscribed by him, nor written by him
The admitted fact Is that he produced the
instrument before the clerk for the pur-
pose OF acknowledgment, and that before
that officer he declared and asked him To
certify as the officer did, "that
he signed, executed and deliv.
cred the foregoing deed to be his act
Tor the purposes and considerations
therein stated" Under these facts IL IL
nnimpOrtant that the entire instrument,
including the name OF Chas. G.. Newton,
was written by another at his request
nor IL II important whether he was pres
emit when IL was written, for 1t is well
settled that by his acknowledgment be.
Tore the officer he adopted, made his own
every word, including his own name,
then upon the instrument.
The instrument commences "Know
all men by these presents, that |,
Charles g. Newton OF the county
OF Dallas, have sold and by
these presents do sell, transfer and con-
Ney unto Alkaline Newton =" And
1t concludes; "ro have and TO hold unto
the said A. l.. Newton, her heirs and
assigns, etc. Given under my hand this
18th day OF June, 1917 A deed may be
said to be signed whenever the name OF
It's maker is 80 written upon It az TO owl
dence his Intention TO give authenticity TO
IL, The instrument on It's face does not
appear necessarily imperfect There Is
no language used In the final clause which
may not refer as well to the name OF the
maker inserted in the beginning, as would
II To his name II subscribed. Affirmed.
Opinion by Staytou, j
Texas 4 Pacific Railway Company VS..
ID, MORN, appeal irom Dallas, IL II
urged that the true measure OF damage in
an action by u parent for an injury To a
minor child Is "the value Of the services
OF the child during .ts minority, loss the
expense OF feeding and clothing tn This
mas been held the true rule In actions for
injury resulting In death, but no snch
measure can be applied 20 cases like
this, for the reason that the expenses of
feeding AMI olothing the minor deyolve
NINsA viz lNANhAN hNN Alt III no WAY
diminished by the fact that the child be-
comes cripple The expense In
such case may DO Increased
The fact that an improper Judgment had
been rendered before In favor Of the child
Is no reason why the judgment in this
case IN favor Of the parents should be re-
yersed.
IL was not necessary for the plaintiff to
itemize his claim for damages, hut he did
so, and II appearing that the verdict ex-
ceeds his own estimate OF the aggregate
damages on the enumerated items, TO
which his right Of recovery was confined
by the charge OF the court, the Judgment
Is held excessive Reversed aud remand
ed. opinion by Steyton. j.
/, II. Allen ct al. vs. j, G, Carpenter,
appeal from Wise. IL has never heen
held that a sale to creditor Of a larger
amount OF goods than was necessary to