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

should be sufficient reasonably to produce
belief OF the existence Of the facts sought
to be shown by them. Affirmed as to the
appellees John Hulsey and John W. HUI
sey; and reversed and remanded as to
IC w. Stone, R. W. Gillespie, A. and L.
Terry, S B c. Nail and Agnes Jones.
Gaines, Justice.
Aoner Taylor VS.. r M. H.lI, Commits
sioner General Land Office; Travis. Suit
oy Taylor to compel oy mandamus the
Commissioner OF the General Land Otice
to issue to him patents to lands to which
he Is entitled for building the state capt.
tol without paying patenting fees. Elk.
captions to the petition were sustained
snd the sui dismissed. This is q com.
panion case to cause No. 62sS, decided
same day. Held: Ia that case the court
held, that 1t WAS the Commissioners
right and duty to demand the patent fees
before delivering the patents, and it fol-
lows thst he csn in no event be COM
PEELED to deliver them until the fees
are paid. We do not mean to imply
by this that q msDdaRus will lie
against him, even II appellants were ea-
titled to his patents without payment Of
fees. We are clearly of the opinion that
mandamus Will not lie against him ia O
| case like this. We thirk this is reslly q
suit against the state and for tbs. reason
msndsmus will not lie. It Is AZ attempt
TO enforce sgains. The state 8 specific per-
Torrance Of contract to convey land
The state cannot be sued without its con.
sent. Affirmed. Gaines, Justice.
Reid vs.. Howard, K nney. Held: Tie
exceptions urged to the petition invoke
the application to new state of facts Of
principles well recognized in orr cour q
That contract for The purpose OF Justly
acquiring title to vacant lands and for
sharing them when acquired, is neither
within the Statute of frauds nor sgsins.
public policy, has been held in The many
cases enforcing parol contracts made by
owners OF land certificates with land
locators waere locative interest Is stipu-
lated to be taken by the locators. The
homestead rights Of Reid's wife were SUB
ordinate to EoWSrd's rights to an equi-
table partition. The pleadings nor the
verdict authorih9 the Judgment SIS entered.
The judgment is reversed and remanded.
Walker, Justice.
Heirs of Nsncy Tevis vs.. Armstrong
French, ComsnChe. Appellees as ten
ants in common, eacn claiming an undi-
vided one-half @: two tracts of land, one
III Comanc- G the otner IN Brown county,
patented in the lame Of Nancy Tevis; ;
Armstrong claimed as the sole heir of his
father, who owned half interest under s
locative contract. French claimed under
a deed from one A. J. Tevis, who claimed
as an heir and devisee of Nancy TeVls ard
under partition decree OF Jefferson coun-
~, which he claimed allotted him the land
The heirs Of Nancy Tevis were made par
ties. Held: Where the rights OF the
plaintiffs and sll the defendants are iden-
tical in the two tracts Of land, and sdju-
dlcation upon the ownership of one tract
would necessarily determine the owner
ship OF both, the authority cited, 81 Tex f,
sS2, construlng Art. 1lss, r S., does MOI
apply to state CT facts like those here
presented. For want of SUFFICIENT testl-
mony to sustain the judgment in favor OF
French, it will be reversed and remanded
Walker, Justice.