Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1890-03-07
THE GAZETTE: FORT WORTH. TEXAS FRIDAY. MARCH I.

Fe railway company; Fort Bend county. Az
frmed. Gaines, A. j. An order era uung
motion for a new trial must be absolute. lSecrest
VS.. Best, Tex, 1879: German VS., Mcfarland, IS
Tex, 237. Our statute provides that new trials
may be granted, ETC., on such terms ana c0h1 a. :
tions IS the court may direct The use OF the
word conditions does not ant the grant
ing OF trial, to take effect or De deIeateo
bv the happening of some future event. We are
Of the opinion that the court, in the case before
US, used the word in its statutory meaning. II
was not intended TO make the grant OF the new
J. sutor vs. G. W Wood, Harris county;
second appeal. Affirmed. Gaines, A.. j. A
PARTY is required to plead only the issuaoie facts
constituting his course OF action, and not the
evidence by which such facts are sought to be
established. Though the offense set out in the
affidavit could be prosecuted only by indlct-
TO proceed by information, yet the defendant Is
liable q oranges for the prosecution II 1t was,
in fact malicious. We find no error in the pro-
ceedines: the evidence was ample to support the
verdict, and the damages do not appear exces-
Gus LEVY & Co. vs. Numa Gillard ct al; Gal
weston county. Life insurance. Affirmed.
Henry, A. ]. Appellees recovered from ap.
peIlants the balance OF proceeds OF policy OF
insurance on the life Of one Cayanaugh, after
deducting q debt due by Cavanaugh to appel
lants and the premiums paid on the policy by
appellants and expenses of collecting the insur-
ance money. Cavanaugh had assigned the policy
TO appellants, to whom. at his death, the money
was paid. The law treats such contract be-
tween debtor who takes out policy and as
signs it to his creditor security only for the
debt, advances to keep the policy in force ana
the expenses Of its collection, with interest on
such disbursements. Such is the relief admin
istered in the judgment in this case and 1t Is
affirmed.
j. E. Cowthorn vs.. Preston Perry, administra-
tor, Galveston county. Lie insurance. Al
frrned. Henry, A. J. The court below in its
conclusions of law says: "A creditor by the
transfer to him OF a policy on the life of his
debtor can acquire no greater interest In the
policy than such sum as will pay his debt, and
interest and premiums paid by him and inter-
est The instrument of transfer must be con-
strued either as mortgage TO secure the above
sum, or transfer of such part of the Insurance.
money as will ay him his debt. etc. Any other
construction would make him Interested in the
speedy termi nation of the life Of assured, and
would be mere speculation on the chances OF
life. We approve the courts conclusions OF
law.
VIM, Bennett ct al. vs.. F. Kiber ct al; Braz-
oria county. Affirmed Henry, A. j. Appel
lants brought suit to recover land lying in
Brazoria county. Judgment for defendants.
The lind belonged to the estate of one Hern-
dare, who was indebted TO the estate OF Sarah
Wharton, and being sold under execution was
bid in Ey j. P. Bryan, ex cutor OF the said
Wharton estate, in behalf OF said estate. By
mistake the officer made the deeds to the heirs
OF Sarah Wharton. The fact that the deed was so
made to the heirs did not divest the land OF its
character as assets OF the estate in the hands OF
the executor. When one OF two executors of an
independent will refuses TO qualify act, the
other is authorized to act as if he were the sole
appointed executor.