Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1888-11-02

LES uulrOlIS iel exp NSlnS ms furniture
. GYM ne implements) wall pap&r, car.
pets, ETC., ID the rsin, and that they were
thereby mi ured thr Jugn appellants neg.
ligerce. l. Nd action will lie to recover
4 Claim for damages, IL to estab
ISL 1t, the plsotin rtq1ires aid
from gu Illegal r .pssc ion, or is unde,
the necessity OF showing, or IN any man
Fer depending upon An Illegal act to
which ae 10 q party . Ii the Ii egsl act
contributed 10 tas-i liurY,s party can moi
recover, Dat il his set did not contribute
t. the Injury, the fact alone, that 81 the
time ne wss engaged IN Al sc', In viola /.
tlon Of the law, will not, OF l.sef, pre-
clHde recovery. 8 The judgment Is for
$40, and il is shown that while the value
OF the property damaged smouased to
this sum, appellee Wss ffsred $50 for the
damaged carpet. This would leave his
actusl dcmsge S445 The tcgment is
excessive. Reversed AMI reminded.
HOBBY, j. =
w. j. Msur vs.. c K K.lsey ct al ap.
peRiftom Wise county. Suit ny appel
lees sgeinst appellant as Sheriff CT Wise
county, requiring him 10 pay over money
coilecte1 by him undet.kn order CT sale,
lss1ed from District court OF Wise
county n their favor against one Shilling
Appellant admitted the sbCve facts and
sst up as oefense that he had paid the
money collected under the order of ssle,
to satisfy valid executors, then in his
'hsnds, against &. X. Kelsey and one
Henson. Appeliees slso claimed thst the
ncrev collected w,s from the order c;
sale tcreclosiIg their vendors lien
on :hsir homestead, and declared
their .iEtention Of using the money 10
bug another home, snd that by reason Of
these facts the money Wac not subject to
the execution against G. K Kelsey. l.
La rctsrerc3 toa v5.u .tary exchange OF
properly spe::hcs!'y exemp. from exycu.
ttcu FOR property not 90 exempt, the
debtor IA such 5 case OF s vol nttrF ex-
change OF property cannot claim eIemp-
ton for the property received Ia ex.
charge. Wdere Exempt property i:
Voluntarily converted into money or other
property not also exempt oy law, the
right ct Exemption is gone. There !s no
cause Of seton against appellant. Re-
versed and dismissed. Hobby, j.
Max Llndheim & Bro. VS.. Ben
Muschslp ct al; sppesl from ValveIde
Suit By appellants on bond given b7
Muschamp to perform 8 certain piece CT
work. AppeIlees plead the right to be
sued in the county OF their residence and
the plea WAS sustained. To e1title 4
plaintiff 10 sue in the county othsfwise
than the residence CT defendant, ne must
bring his case clearly within some excep-
tion named in the statute. The fsc. that
Muscnsmp had su Individual to construct
the building In Valverds county did not
give the court Of that county iaris d.ction
OF suit on the bond payable CT no specific
place. Acker, CD.
John 5. Wilson, Administrator, VS..
Ruth NJ. Dunarder; appeal from B.strop
SGit By appellant rs administrator to va
cate deed msde by his in!estste. and to
have tie land atj ldg ed TO balGng to the
ssse!s OF TIE estate OF his interstate, or
the ground that said deed Was made
without conaide-osicG sld with iutent &c
dsfr I'D creditors / An administrator
c.rnot nsintan sui..o SGT asi6e deed
ms6e By his inIeeta.e upon the ground
thSs sCch deed WAS fraudulent as TO tie
creditors Of the intestste. Affirmed.
ACAeT, T.. j.
McCsU:ey & Clsmpi.t vs. L. B. H1rris;
appeal from Tom Green. Salt By sppel
lee to recover from appellants the rental
value Of 8 certain pasture. Appellants
answered alleging the lailure Of appellee
TO keep up the fence, IS per contract, and
also that he lad over5tocked the pasture
contrary to express agreement, Appel
lsrts claimed damages for less Of cattle,
and e.so general damages. L. Appellants
asked the following special charge, which
was refused, "By the terms Of the con-
tract plaintiff WAS not to pr. in, nor per
NIT to remain in the pasture, At any time
during the continuance Of the contract,
10 many stock IS would consume the
grass and render it urti. for Or
binary purposes Of pasturage." Held:
isis shown by the evidence that tie pss-
1ure WAS overstocked, and that msnY cat.
lie died from starvation, therein; that the
PASTURE inside was not so good as on the
outside. The contract provided that the
raatura shnuld net hacnma aSSr&tnc ked X