Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1890-03-31
SUPREME COURT.
synOpses of Decisions Rendered at the Recent
Galveston sitting.

Supreme Court. w. stayton, @. j.; r. R.
Gaines, J. L.; Henry, A. j.
Correspondence of the Gazette.
GALVESTON, TEX. March 29.--East Texas Fire
Insurance Company VS.. L. & H. Blum; Calves
ton county. Reversed and rendered; Stayton,
G. j. 1t was held in Herman VS.. Insurance Com
pany 100 n. Y, All that the authority of bro
ker who IS not general agent to place and man
age insurance on his principals property, but
is specially employed to procure insurance on
certain property, terminates with the procure
ment of the policy, and that no authority to dis
charge the contract could be implied from the
original employment. This case seems to US to
establish the rule consonvant with reason as well
as authority. There is nothing in the record
showing that Bridges was the agent of the insur-
ance company for any purpose. other than to re-
ceive and remit the premium. A provision of the
policy to the effect that the latter should be
void If additional insurance were obtained with
out the consent of the company. The want Of
consent to INSURANCE obtained after the policy
sued on was ittued required judgment for ap-
pelIant.
per. Reversed and rendered. Henry A. j.
Both the contribution and Revised Statutes ex-
empt the ohestead from forced sale. indie
pendentlv of the constitution the exemption of
the homestead has been recognized by this
court. If upon the death of the owner any con-
stituent OF the family survives so that the family
continues to be represented, then the home
stead, subject to the prior right of occupancy of
such as are protected In remaining, deScends and
vests in the heirs of the owner. [Brau vs.. Won
Rosenberg, decided at this term1. We do not
feel at liberty to hold that appellant, widow,
who has returned to the protection of her
father house and such is remaining there
when he dies, should not be included in the de-
scriDtion of an unmarried daughter remaining
with the family of deceased or Giving with
the family, - as it is expressed in subdivision
of Art. 1896 r. S.
g. A. Childers VS.. D. J. Henderson & Co. Dis
seuting opinion. Stayton. G.. j. In my opin-
ion the only interest in the homestead which
can be withdrawn from administration is that
inherited by the daughter who is to reside with
terests of adult heirs, IN no sense constituents OF
the family, from payment of the ancestors
debts have been presented in another case.
GBrau VS.. Won Rosenberg; dissenting opinion.
decided at this term.
Joseph Warren VS.. Pauline Frederichs; Goliad
j. The introduction of the decree of partition
of the county court of Fort Bend county was OBJ
iected to. There is nothing in the record indicat
ing want of Jurisdiction In the county court to
make the partition, and it was not necessary for
defendant to produce more of the proceedings IN
that court than she did. Title to land by limit
alton may be required by one by adverse posses
sion of it through another who is his tenant
Notwithstanding the trespaSs the relation of
land tenant may exist between the
occupant and the person for whom
he is holding the possession. 1t was
ant tending to affect plaintiffs rights. 1t was
error to admit in evidence the declarations of
one through whose occupancy plaintiff did not
claim, nor to whom plaintiff was in any manner
SO related as to make the declarations binding
upon him. The court properly admitted In evil
producing it offering evidence tending to ac-
oOunf for its cuStOdV.