Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1888-10-29

/ thoat felcnious iutant, that
! The homicidnl act Will nO'
! 7e murder. 8. The right Of set defence
Is not impaired By mere preparation ioE
7 .he perpetrstiod Of g wrongful Get, unher-
alded arc ansccompapied by any demon
s'ratior, verbal or otherwise indicative
If fbe wrongful purpose. az Illegal
attempt 10 restrain & mans liberty, eYel
under color Of legal process. is such o
0rovCCSsiou as SC reduce homicide tc
i ususlEugbteT. ). Wien the evidep ce
, sends TO show INST passion wssa aroused
| By an adeq1eEe cause, The q1essoa
whether the act OF killing VEG caused oy
passion, it for ire d-y end net The Judge
tn p.ss UPON. The court efrad N rsius-
ing the specisl charge relative to man
sIsrgater. Reversed and demanded.
White, p. J.
SUPREME COURT.
VI. Hiresly Va Willie Clark e. al. !;
appeal from Frsuklin, |. IN this csse
appellant having failed 70 prosecute the
same by brleeng, sDd sppeilees having
duly appeared By Grief, the case will be
affirmed without ret=reLce 10 any ques-
ticE that may be SHOWN ny the record, Sc
20 the validity OF the judgment CT the
court below. S.sytop, G j.
". T. FsgSn VS.. J. q. McWhirter; up
peal from Bowie. Suit 10 forecloge ven
dor'9 lien note or iaEd. l, The court ia
strUcted the Jury that appellee would be
entitled TO recover, even il there Vas 3
fixture OF title in part, il the appellant
knew at the time OF tae purchase the tfue
state Of the title, and took deed With
warranty. Held: Not error. 9. The
power OF the survivor OF q community es-
tate to sell property for the psYmeat Of
debts, extends to the sale Of the commu-
nifty home stead, even il tle estate be IL
solvent and there be minor child or
CHILDREN. No erEcr. affirmed. Stayton,
c. j.
r. S. Terry We. O'Nesl & Son; appesl
from Cass. Suit By appellant to recover
possession aud title to Land. l. The pay
ment Of judgment ~ stranger to ii
will operate en- txtlnguishment OF II,
less there IS some understanding sxAt IL
is to be continued In force Tor the Gene IS
of the person mSkipg the payment. IN
CONVEYANCE Of land made by husbsS4to
lis wife snd children by deed OF SRs, Is
not invalid, il 81 tie time Of ssid convey
srcs 1t sppeaIs thst he hnc other prop
erty subject to execution, efficient to
piv OF and satisfy all outstanding deots.
Affirmed S-ayton, e. J.
E.A Kosling ct 81. VS.. R. A. Morris;
appeal from Csss. Salt by appellees to
| recover $1,000 rewsrd which had been Of
tered by appellant for the apprehension
apo CONVICTION OF 8 party who ourglsrized
the !stter's safe. l. An cffsr Of q reward
for the apprehension and conviction OF 6
party cnaIged with committing an CT
Tense, when acted upon, becomes binding
upon the patty making 1t. 2. The en-
ployment and payment Of an Ger for
extra official work, though incident to
his eff ;isl duty, is not sgsinst pub
lie policy. Reversed snd rsmsnded.
Walker, j.
W. T. Conpor vs.. Belle Hawkins; ap.
peal from Morris. Suit to recover g
pisno l. The statute OF Limitation. when
the bar becomes complete, not only bars
the remedy, bu. vests the right in thu
property. 2 Under our .stute, s.i
actions for OBTAINING personal properly
must be brought within two years. and
article 3207, Revised Statutes, has NO rela
ton to Limitation Of action to recover
personal property. Affirmed. Walker, j..