Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1888-02-03
SUPREME COURT.
synopscs of D. cisions Rendered st ths
Present Galveston Sitting,

Synopscs of Decisions Rendered st tbs
Present Galveston Sitting,
Correspondence of the Gazette.
GALVESTON, TEX, Jan. 31.-Gulf, Col.
orsdo and Santa Fe Railway Company
VS.. Sarah Poindexter ct 81. Suit as orig
inally brought was for the recovery OF
the land, rents, profits, etc, with an al
ternstive prayer that if such relief could
not be granted, for condemnation Of the
land appropriated by the road and dam
ages to the remainder. The second
amended petition upon which the case
was tried merely abandoned the alterna-
tive prayer, leaving the main suit for the
recovery of tie land. This Wss plaintiffs
right. The court had no jurisdiction
without the consent Of the plaintiffs TO
change the suit to & proceeding to con-
denim. Plaintiff hEd asked no such relief
and defendant could only seek it through
the tribunal and in the manner prescribed
in the statute for the benefit of railroads.
Judgment reversed and remanded.
Opinion by CollaId, j. Adopted.
E.. S Wlnsor vs.. Thomas O'ConnOr;
appeal from Victoria county. The ques-
ton in this case is whether land covered
by void or voidsble patent, falls within
the prohibition contained in section 2,
article IA OF 1the cOnsti ution, which is Sc
follows: "That all genuine land certifi.
Gates heretofore or hereafter issued shall
be located, surveyed or patented only
upon vacant and unAppropriated public
domain, and not upon any land titled or
equitably owned under color Of title from
the sovereignty of the state, evidence of
the appropriation of which Is on the
county records or in the general land
office, or when the appropriation is evil
denced by the occupation Of the owner or
of some person holding for him"
Would the land have the character OF
Gland titled?" Land Is said to be "titled"
when patent ID issued, which, on its
face is evidence that the state has parted
with its right and conferred it on the
pstentee. For reason not appearing on
the face Of the patent the grant may be
void or v0idable, but the land EN- bTaced
in it is, nevertheless, land "titled"
Judgment affirmed. Opinion By Stay
ton, J.
S. NJ. FGTmer VS.. the Slate of Texas
appeal from TarrsDt county. THIS was
an information IN the nature Of quo
wArrRnto, instituted in the court below,
for the purpose of ousting the appellants
from certain corporate franchises, which
they were claiming to exercise under the
name of the "Mseonic Mutual Benevolent
Of Texas" The result of the
trial below was judgment OF custer
against the appellants, upon the ground
that they were acting together as an in
surance company under the above name,
without having been Incorporated in &C.
coTdsnce with the laws Of the state regu.
lating the Incorporation Of insurance
What, then, are the purposesd
of the body? It's charter makes Its object
to provide for its members during lie
and their families after death. ThiSis
benevolent object, but hew
is this to be accomplished? The assocfsr !
ton makes q contract with each membeE.a
when he joins it, that for the considerGr
ton Of certain sum of money paI& IN
cash, and other sums to be paid in fRthre,
which ne agrees to do, that they Will,
ninety days after proper proof of hfs1
death, pay to certain bene fciaries GER |
tain sum, graduated il amount according |
to the length of time he lives, and |
of course, according TO the amount Of
assessments he has psid into the tress-
ury. Before entering into such s con-
tract the spplicsnt must underg~ a regu |
lar examination as to his health, habits, |
occupation, and as to ms family, and how
much insurance upon his life, etc. This
contract has all the features OF . life in
surHnce policy. It's contract by which |
one party for consideration promises 10
make certain payment OF money upon |
The death Of the other, and it is well set
Ted that whatever may be the terms OF
payment Of the consideration by the as
sured in the mode OF estimating or Sc.
curing payment. of the insurance money,
i is still a contract Of insurance, no mat
Ter by what name 1t may be called. It
matters not that the member is entitled |
10 benefits in case Of sickness. Insurance