Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1888-04-19
Commissioners of Appeals

Correspondence of the Gazette.
AUSTIN, TEX, April 16.-Harwood ct
al VS.. Wylie; from Wichita. Action Of
trespass to try title. The appellant de-
raigned through the administration had
OF the estateo Robert Evans in the Pro
bate county of Harris county, Tex. This
title was assailed on the ground that the
Probste court had no authority to grant
tn administration, and none to order the
sale. Evans fell with Fannin at the
Alamo; the order Of court granting letters
on this estate was an omnibus order In
Guiding thirteen other estates besides
this one. Held: The administration
was invalid. The order granting
letters cannot be held to
apply to either estate of the fourteen.
Administration was granted fifteen years
after death OF intestste, not in the county
where he died nor where the principal
part Of the estate was situated. (This is
an Important; declsion-Reporter) Re-
versed and remauded. Collard, Commits
sioner. Adopted April II, 1888.
Uddell VS.. Peak; from Lamar county.
Action OF trespass to try title. Held; l..
Before 8 tenant csn dispute the title
of landlord, and invoke the statute
Of Limitation in his own favor
as against his landlord he
must repudiate his tenancy sud notify his
landlord, and the statute only runs from
the time of such notification.
3 1t has never been determined what
acts or declarations Of the tenant will be
considered sufficient evidence Of repudis-
ton of sn existing tenancy. The ques-
tion of notice in such case must depend
largely on the special facts of each case.
5. The failure of the landlord to dis
cover the record Of deed to his tenant
can not be considered an act of negli-
gence. Reversed and remanded. Malt
bic, Commissioner. Adopted April II,
1888
J.P. Smith vs.. Thomas Leach ct al;
from Tsrrant county. Action Of trespass
to try II lie. Pending the suit this agree
ment WAS filed, viz: at is agreed that
the Issue in this case is one of disputed
boundary. II under the law aud evidence
it is shown that the land is q part OF the
P. Roche survey, then plaintiffs are en-.
titled to recover the same unless defen-
dants are entitled to the same under their
plea of Limitation. On the other hand il
under the laWland evidence it is shown that
the lsnd is part of the J. n Ellis survey
then defendants are entitled TO judg-
ment." The appellant wss plaintiff. The
land was found TO be psrt Of the Ellis
survey. Held: The conclusion found
by the court eliminated all other ques.
tions from the case. The court did moi
find on the plea OF Limitation; as
the land was part Of the
Ellis survey, it belonged &c
defendant, aad became immaterial. Con-
ceding the ruling on the admission of the
deed offered under the plea to have beer
erroneous, it could not have injured CD
pellsnts, and therefore, would not re-
Quire q reversal. Affirmed. Acker, Com
missioner. Approved April II, 1888.
Catlett Malin vs.. Starr; from Tom
Green. Action of trespass to try title tc
two $40 acre tracts The plaintiff, sppel
lee, dersigned title to the land through
deeds from the trustees Of the Southern
Pacific Railroad Company, by W. T
Scott, vice-president. Held: That the
= law will presume that the original instru.
me1t Of corporation, which has been
recorded by the proper officers. had
the seal Of the corporation affixed
to 1t st the time of its record, and es-
pecislly IN this case after the lapse OF
twentY-fv years, it is thought 1t should
be presumed that the seal affixed to
the corporation seal affixed to the
instrument. There WAS no evidence 70