Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1888-10-15

ton for his own en ploye, and refused to
pay his fare, this fsct would not &c DriVe
him Of his privilege under the contract
and mike him tresspssser upon the
cars. No reversible error. Gailee, J.
J.C Clements vs. NJ. E wing ct ais.
sppesl from N,cogdoches. T-esspass to
try title. Mrs. II. wSs married to one II.
about 1860. They moved to TeXss, and
after living together sixteen months q
went to the war. He visited hig wife twice
during the war, ard alter the war did
not return. but went to L1uiEisna, where
he procured dlvoICe ana msirled again.
Before he hsd been divorced and married
sgaiu his wife, Mts. H., On April .. 1869,
mede iced and sold iheir homestead.
6eid: The long Continued absence oi
II from MS hcme sad wife au:horiz Cd
ner to dispose Of her separate estate ss 6
femme cole. 9 To suthoT:Z3 Mrs. Il. to
sell her separate estate when abandoned
by her h1s5snd, withou! being )ined By
him, 1t WAS not necessary that necessity
for such sole Should exist. All med.
SssytoD, G. j.
Hicks & Bro. vs. Ross ( Radditt; ep-
peal from Shelby. l. A chattsl mortgage
ia valid withou. the acknowledgements Sr
"ACA LuS hlOt sssoSCC W.
3sits 1t with the county clerk. APP
pellees hsd mortgage on bale OF
cotton belonging to one Gbos wao lived
with his mother and her minor children.
Gibbs mother had "pAtch" OF cotton
ard she snd hez soa sgreed to let appel
lees have bale o.! her cotton in lieu OF
the one appellees had q mortgage on.
AppeIlees agreed and credited the &C
count CT Gibbs with the cotton. Gibbs
mother owed appellants and promised to
psy them with her cotton. Appellees
brought suit to for close their mortgage
on the Gibbs bale CT cotton. Appellants
filed claimants bond under the statute.
Verdict for sppellees. Held: Appellees
having sanctioned the agreement between
Gibbs and his mother and receiving
the benefits of 1t, waived their mort
gage lien. Reversed and rendered for
appellants. Walker, j.
COURT OF APPEALS.
Correspondence Of tho Gazette.
TYLER, TEX, Oct. 13 John L1whon
vs.. the Safe; appeal from Cherokee
Conviction for violating local option Law
The local option law WIS adopted by the
voters OF the precinct a. en- election held
in March, 1856. Tae court below trying
the case without jury assessed the pun
ishment under the provisions OF the &C.
of the Legislature approved Msrch so,
1887, amending the local option law anc
making the punishment more onerous
Held: Ia this there WAS error. Tne
amendment will OILY operate in suca To-
cslities as siucs lis passage may, By elac-
ton, adopt Its provisions. Reverted and
remsnded. Hurt, J.
Geo. E Mcclure VS.. the State; appeal
from Anderson; conviction for fslse i'm
prisonment. The court below refused the
following special charge asked by defend
ant: "If you fad that Geo. E. Mcclure
disputed the right OF possession Of the
barrel with Wolverton aud entered into q
contest with him for the possession of the
same, and his object was the possession
of the barrel, aud not the dstentio1pf
Wolvertop, and that Wolver!on's persenl
was not by HIM either detsined or sought
to be detained, you will f I'd defsndxlt
not guilty" Held: In the refusal Oh
this charge there was error. FartherN
more, the evidence does not support the
conviction. Reversed and reminded.
Hurt, j.