Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1888-06-18

I county. Conviction for theft Of horses
and IL years Imprisonment assessed as
the penalty. At the trial the defendant
Moved for continuance on the ground
of absent testimony-n the WITNESSES
were present would show that they
were present spd saw defendant swap
pony horse for the one he is charged with
stealing; that the witnesses were well &C.
qusinted with the person with whom he
traded horses and knew that he had
fowned him for some time and claimed
him having possession Of him. But
lit WAS shown In the testimony
on the trial that the defendant had the
horse in his possession before he traded
from him in Tom Green county, where
the trade spoken Of WAS made Held
by the court: Evidence is sufficient,
charge full and correct; sufficient dill
gence Ia not shown for continuance and
absent testimony not probably true. Al
frmed.
Detwiller Bros. vs.. Eagle Springs Coal
Company, FL Paso. This is IS motion to
sfd nm on certificate motian fled June 2.
1888. with which is fled tae transcript OF
the Judgment Of the court below. Held
ny luO SONIL. 4AS NS1 LihSatc AaiAS " XIV w
the jurisdiction of this court OK the
amount in controversy. Motion denied.
Supreme court.
The State of Texas vs.. q. F. Dunson;
Mace gdoches. This is 8 quo wsrrsnto
proceeding sgsinst persons exercising the
Offices of mayor and aldermen Of the town
OF Nacogdoches, and the question involved
fe f.5r hs6 IN
1887 called into existence a corporation.
The town Of Nsc0gdoches, as shown by
the petition, was duly incorp rated under
the ret OF 1858; the proceedings hSd IN
1887 were under the act of 1858. A gen
ersl demurrer was sustained to the petit
ton. Held: That the corporation under
the act Of 1858 will be deemed to exist
until by some way known to the law it
is dissolved. The inhabitants of that
town still have the capacity ID
elect eAcers under the general laws now
In force. Such officers being elected, the
Inhabitants may, by vote, incorporate
snder the general Law. II the election
held in 1887 hSd been corfned to the
limits Of the old corporation, the officers
elected might act; but they were elected
by voters residing within en- ares much
larger than were the corporate limits.
The court erred in sustaining the de-
Enurrer and the petition. Reversed snd
remanded. Stsyton, Caief Justice.
D0ughertv, AK collector, vs.. Thomp
son, FiIo. Thompson leased four leagues
Of school land belonging to Frio county,
he rendered his lease hold estate on the
land for taxation ST $1,000, but declined
to render the land at It's value as IL he
were the owner. The assessor assessed
the land as though Thompson were the
owner, vsluing II at 82s. 600. Thompson
obtained an injunction to restrain the
collection OF the tax on that valuation,
and on the hearing II was made perpetual,
Held: l. That the county school
lands are not embraced in Art.
1891 Z. 8. Sec. 0, Art. IL Of
the constitution eIempts from taxation
property OF counties held for public pur-
poses. County school lands when leased
to raise an available school fund are ex-
clusively devoted to the use and benefit
OF the public. Forbidding the taxation
Of the lands, it forbids the taxation Of an
estate less than fee whether imposed
on the county or its lessee. These lands
while owned by the counties are not sub
ject to taxation whether they be leased or
not. Affirmed. Staytop, Clief Justice.
| Dawson vs.. Word, ct al; San Saba.
Action of trespass to try title brought by
appellant aga INST appellees; in addition
to the formal parts IL an action OF tres
pass TO try title, the petition alleged that
defendants were setting up title to tho
land under tax sales that were void and
cloud ON plaintiffs title. The court
below held as matter of law that plaintiff
having set out title IN defendants by YER
tue OF tax sale and alleged that euch
sale WAS void, could not recover unless
she showed the invalidity Of such sale. On
the Trial the tax deed was produced, and
there Tas no fact shown from which pre-
! sumption csn be based Of the legality OF
such sale. Held: There could be no
duty on the part Of plaintiE to rebuff that
watch did not exist. Neither the plead.
| ipg5 of the plaintiff nor the tax deed
required that judgment be rendered
against plaintiff in the absence Of further
testimony to support her allegations Of
the invalidity of the tax deed, il having
been ascertained that she WAS the ewner
OF the land. Reversed and rendered.
Walker, justice.
Csssin vs.. Z,vAlla County; Z,valla. II
appellee be not satisfied with appellants
transcript, 1t is his privilege and right to
file s more perfect record. His tran
script should be filed with appellants and
hsve the same number SO that 1t may no.
be docketed as different case. Stricken
from docket at appellee's cost. Grimes,
Justice.
Fort.Worth Street Railway Company
vs.. Queen City Railway Company, Tar
rant. 1t is alleged in both the bill for
Injunction and the answer that the re-
servstion or donation upon which the
rights clsined by the complainant at
tsch is owned BY the Texas and Pacific
Rsilway Company. 1t does not appesr
that the right CLAIMED by the complainant
Is upon what the statutes denote as the
bright of Wsy," nor is any linn
itaiion upon the ownership alleged
or shown. 1t appesrs that