Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1890-12-11
HIGHER COURTS
synopses Of Decisions Rendered at the Pres'
ent Tyler sitting.

ent Tyler sitting.
SUPREME COURT.
Correspondence OF the Gazette.
TYLER, TEX, Dec. 9.-knights OF
Honor vs.. Ella Fortson; from Marion.
Sui, by appellee to recover on a benefit
certificate held by her deceased husband
the lodge OF appellant. l. The failure
of appellee to Introduce in evidence the
benefit certificate on which this suit was
brought, leaves the judgment uusup-
ported by the evidence aud requires re-
versal OF the case. Reversed aud re-
manded. Henry, j.
| S. H. Brown ct al. vs.. Thompson s.
Ohenstead; from Ellis. Suit by appel
lees to foreelose vendors lieu. Brown
sold 70 one Cole tract of land, for
which Cole gave a note reserring lien
| on the land. The note nor the title bond
! given Cole by Brown we're recorded.
| Brown Endorsed the same and delivered
! same to King s. Pooroach for their ac-
! comm odRtion, the latter getting for the
! purpose Of borrowing money on same.
The note was given as security and the
&$bt subsequently paid, when the note
$SWas taken without Browns knowledge
Il and deposited by King & Poorbsch as
collateral security with appellees. Sub
! sequently to the latter transaction Brown
and Cole cancelled the land trade, and
entered into a different agreement aud
different terms, Cole executing vendors
| lien notes for the land which were de-
posted by Brown as collateral security
with the Ennis national bank, the latter
| being joined as co-defendant with Brown.
The bauk had no notice Of the existence
of the notes held by appellees. /. Tn
der these circumstances appellees were
bona fde holders of the accommodation
papers. and it was not subject In their
hands to any defenses on the ground OF
failure of consideration Or misapproprIa-
ton OF it by King & Poorbach. Dan.
| Neg Instruments s3la, Big. on Bills
493, lO2 n. s. % 2. But be-
cause the note held by appellees was not
proved Up, or acknowledged and re-
corded, the Ennis bank not having no.
tice of the lien otherwise, and being
bona tde holder of the second set OF
| notes. which were lien on the land,
held the superior lien. 3. NOtwthstand-
Ting this. however, appe!iees can nllege
fanG prove that the bank has other secur-
! tiles sut!icien: TO meet its claim, and 1t
| would have been proper for the decree to
| have directed that the bank first resort
to its other securities, if it had been def
nitely established that it held such. APP
pellees should show, however, that the
| bank has other securities 10 which it can
resort. Reversed and remanded. Henry,
j.
The State OF Texas ex rel. VS.. Town Of
| Baird; from Callahan. Quo warranto
! to have the corporation of the town OF
| Baird adjudged invalid. In the western
| portion of The Incorporation was the
| residence of J. n. Rushing, who re-
| sided oG ll5 acres OF agricultural land
used for agricultural purposes. Rushing
! haG formerly bank in the town aud at
the time attended church and Sunday
school there. l. A town may exist
without being divided into lots, and
neither naked blocks or lots constitute q
town. If the population extended be-
yond the plated portion of the town,
such extension was properly embraced
within the limits of the incorporation.
9. 1t may net always be practicable to
incorporate town without including
within its limits some territory devoted
| TO purely pastoral and agricultural pur-
| suits. Something may be allowed for
prospective extension. The existence of
agricultural land within the incorpora-
ton does not invalidate same. Affirmed.
Gaines, j.
Jumbo Cattle Co. vs. Bacon & Graves;
from Scurry. Suit by appellees for re-
covery of land. l. Under the act of
July Il. 1879, the applicant may become
purchaser by causing the land to he
surveyed. When this is done as the act
contemplates, the state contract, upon
the purchasers complying with the other
requirements o. the act, that It will con-
vey to him the land surveyed. When
this Is done there EXISTS All executory con-
tract, under which the purchaser has
vested right Of which subsequent sgisla-
ton cannot deprive him. The survey of
the land having been completed, the
purchaser could pay to the state treas
urer the purchase money, and on his
presenting his receipt therefor to the
commissioner of the land office he was
entitled to a patent for the land sur
yeyed The &C Texas, $40, Is cited and
approved. Affirmed. Gaines, j.
Eddy s. Cross, receivers, VS.. J. W.
Rider; from Hopkins. Appellee boarded
the train of appellants one-half mile
from the depot in Greenville at the in
tersection of the Missouri, Kansas and
Texas railway with the St. Louis, Ar
kansas and Texas railway. Appellants
usually stopped here to take on Dassen-
gers. The train i'll question was freight
train which carried passengers. Ap-
pellee arded the tram without ticket
and when the conductor came around
rendered him first three and then four
cents per mile TO his place of destina-
ton. The conductor refused to receive
money and put him of the train on the
ground that his orders were to carry no
passengers who were not provided with
tickets. 1t was shown there was such d
regulation as to freight trains, and that
same WAS posted in the depot at Green
vile and other places, but that appellee
had no actual notice of same. Held:
This being the intersection of another
road, under our law the railway COM
pnny would be bound TO receive and dis
churge freight and passengers there.
Appellee had the right to get on thers,
and there being no tickets on sale at
that point. had the right to be trans-
ported on payment OF cents per mile.
That station was not fur distant is of
no consequence. The verdict for 500 is
affirmed. Stayton, c.. J.
r. ID. Harrpll IS. Gilbert Book Co.
from Bowie. Certificate for affirmauce.
The t.ertIf icate bp,np in dine form and |