Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1888-11-23

to recovery which could have been proven
under the plesdirgs. There was no error
In the judgmen. of the court below.
Affirmed. Gaines, ].
City of Terrell vs.. Z. c, DssEaint; Sp~
peal from Ksufmsn. This suit was
Drought By appellee os eEdoTser CT
promissory note as fellows: "O1e THU
sand dollsrs. Two years after date the
city CT Telrall promises 70 psy to T. d.
Isyne, or order, $1,000 foE yslne received
with interest st eeveo per cent from date.
Tolls note is given II paymsntfor material
for wsterworks supplies, ara ID pSyaole
out Ct the tax OF one,foerth OF one per
cent collected rnnusllY for general pur-
poses" Il is dated May IS, 1885, and is
signed By the mayor and secretary pro
TEN OF the city. l Section 3, Art. NJ OF
our constitution provides thai "no DEBT
ensll ever at amp time be
created By sny city, unless 81 tie
same time provision be made
to sagess and collec: annually 81 fluent
sum 20 pay the interest thereon, and TO
crex.e sinking fund Of 81 least psr
cent. thereon" Sectloa seven Of he
same article con.sIIs tits declaration:
"But no dabt for auY purpose shall ever
county, unless provision is made ct the
time of creating the same. for levyirg and
collecting Q sufficient t:x, The interest
thereon, and to provide st leas: per
cent. SIS g sinking fund" Held: These
provisions OF the constitution apply TO all
cities, regardless OF the fact as
to whether they have mere than
10000 population. =. a debt for cur
rent expenses, In ordeS to De valid with
out compliance with tae constitutional
and statutory requirements, must lun
corcurrently with the clrfert revenues
tor such purposes, and such ceot cane
not De created without such compliance
which natures at ouch a lime Is would
make il O charge upon the futule
revenues Of the city. II WAS shown upon
the trial that the city had exhausted its
powers Ct creating debts, chargeRble
upon funds to be raised By special tax
alton, when the note sued for w&s given.
r vaEsed and rendered fox appellant.
GSlnes,T.
S.llie j. HsrVeT ct ST.. ys. B F. Carroll
ct al error from Na7arro. Trespsss TO
Try tide. l. 1t is the well established law
OF this st&te tnaG Al unexecu:ed gift by 8
miner cannot be enforced. 2. The sd.
verse possession CT an Indicated land
certificate cannot by limitation pass with
such possession the title to the land To-
caied, or TO be located under it. Reversed
and remanded. Walker, J.
Red River County Bank Ys. J. G. Hig-
gins. administrator, Ell al, sppepl from
Red River. One Livingston made con-
trGc. to erect for Joseph Britain two
houses, for which he wks to receive pay
ment in quarterly instElmentR, SO the
work progressed. Livingston commenced
the work and had received two INSTALL
men:s, and the thiId instsllUeRt WIS Cue,
when ne died. Appellee Higgins was sp-
pointed administrator, and finished the
CONTRACT. This suit was brought
by Higgins to ioreclose the mechanics
len On the houses built. Brit
tain caused sppelSHt aHd many
others who Claimed right TO the fund
&c be made parties. Appellant claimed
that the coatra Il il WIRING between L:V-
i1gs.cn &1d Britain had been assigned to
it with The agreement that it Bss TO fur
nish Living stem the mercy 10 prosecute
the 70lk and by these f1cts !; claimed
tire lein hid ~ L,Fingst0n paeEed 10 il,
l. As between TIE appellant and L;yiE g.
st0E the failure Ct the latter execute
the cortr INFLATED p,per ought moi
to sf.ct the night CT appel
liant to lSin On the fapd so
far rs necessary 10 rspsY advances mste
on the faith CT lie sgracmeas and still
unpaid. l. does p0G follow from this,
however, IN this scion, in which appel
lee ls se-k!rg to obtain ldsment
against Bi!ttsin alcZe, ard TO toreclose q
lien on this property to secure 1t, il csn
be heard 10 assert any claim sgsinst the
estate ofsL!Vlngs.one aS creditor. APP
pellant rot showing Itself to be the
owner OF the fund, CT shy part CT It, can
not question the righ. Of the &dmiDistrs-
tor of LlViDgston's estate, 60 enforce pay.
men1 of Il 20 himself. Affirmed. Stayson,
chief justice. Gsines, iudgaS did NO. cit
Y 'hi'ss5e-a 4-x---
= NrJ -I1isS 49, Raid np6I nj e.snEt rNe1p