Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1891-06-07

formed so as 10 auJuuge Indu appellants as
, executors recover of appellee all of survey
| No. 8 except that part which is embraced
within the lines of appellee's survey taking
| the pile of rocks as its northeast corner and
| that as to such part of said survey appel
| lants take nothing and that appellee recover
| his costs, is so reformed the judgment is
| affirmed. Gaines, j.
James T. Rountree ct al. VS.. A NJ. Stone
| ct al. !; from Wise. Motion TO dismiss writ
| of error. l. John c. Gibbon and D. c..
| Scott Instituted in 1888 a suit of trespass to
| try title against defendants III error, which
| said suit resulted in favor of the latter
! From that Judgment plaintiffs in error
| seek to prosecute a writ of error on the
| ground that as they We're then and con-
! tinued to be minors until within less than
two years before perfecting this writ of
error and We're represented by GIbbOn and
Bell as executors of their fathers will,
and trustees for them under its provisions,
they have the right to prosecute the writ.
Held: l. Gibbon and Bel in their petition
asserted a right in themselves to the land,
and not one of which they were the repre-
sentatives or trustees of plaintiffs in error.
The words executors and trustees under
the last will of f. Bell. deceased, must be
deemed as merely descriptive personal,
rs Tex. 62+; ! Tex, 1861, and the title
which Giboon and Bell put in issue was
This being true, plaintiffs in error were
not bound by the Judgment and hence can
not prosecute this writ. Dismissed. Stay
ton, c. j.
Strain s. Swinburne VS.. Pauley Jail Build
ing and Manufacturing Company; from
grounds raised by appellee are I'M
tenable. There was no error in the
ruling of the court below sustaining
exceptions to appellants answer. This was
, decided in former opinion. Overruled.
Henry, ].
L. J. w Edwards vs.. T. D. Gill ct al. {;
from Frio. Motion to dismiss. l. Where
parties brought in as warranterS are
executors or administrators they are en-
titled to appeal without giving bond. Over
ruled. Per Curtain.
Harvey Maxwell vs.. Bastrop Manufac-
turing Company; from Lampasas. Motion
to withdraw a sketch. l. The sketch IS
contained in the statement of facts and
there is no reason why a certified copy of
same can not be obtained from the land
Office. Overruled. Per curtain.
W. L. Cabell VS.. Hamilton-Brown Shoe
Company; from McLennan. On rehear-
ing. l. Grounds of motion considered in
former disposition of case. No reason
shown for setting former Judgment aside.
Overruled. Per curiam.
e. Bell VS.. K. II. Faulkner: from Waller.
On motion TO submit l. This is contest
over the Office OF sheriff. and is not quo
warranto case. This being so, and Waller
county being returnable to Galveston, the
case is improperly here. Stricken from the
docket. Per curtain.
II. Kempner vs.. Hattie Rosenthal; from
Cooke. On rehearing. l. No error in
former opinion and disposition of thelAn1ses
and the judgment heretofore rendered will
be permitted TO stand. Overruled. Per
curiam.
Butler & Springston vs.. Joseph Spence
Jr. from Tom Green. Motion to affirm on
certificate. l. The motion shows an aban-
donment of the appeal after same was per
fected and meets other legal requirements.
Granted Per curtain.
W. B. Worsham vs.. L. G. Barrett; from
Clay. Motion to affirm on certificate. l.
The appeal being returnabie to the last
Austin term OF the court this motion cannot
be sustained. Overruled. Per curian!.
II. G. Ford VS.. ". c. Ballard ct al: from
Haskell. Motion TO dismiss writ OF error