Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1891-06-21

was bona tide purchaser without notice
One who claims under contract executed
| by an agent is bound to know the extent of
| the agents authority unless he has been
held out by his principal as having powers,
which, in fact. have not been conferred
| TEitZhugh VS.. Franco Texan Land Co., de-
| cided present term. 4. a pretended con-
veyance or contract of sale by one who as
| sumes to act as agent of another, but who
l is in fact without authority, is void. and
/ does not constitute such color of title as
will confer ownership or preclude recov
| cry under the statute of limitations of three
| years. "a Tex, $50: As Tex, "a; SO Tex,
| 427. Affirmed. Gaines, j.
George c. Altgelt VS.. City San Antonio;
from BeXar. At the last term this cause
was reversed and remanded by the commits
sion OF appeals. Both parties insisting that
there was error in the Judgment, a rehear
ing was granted. l. A reconsideration has
not changed our opinion on the main ques-
lions in the case, but we now think we were
in error in holding the allegations in the Pc
tition sufficient to authorize judgment for
appellant enjoinine the collection of taxes
assessed against him, in excess of what
they would have been if the exemption from
|. taxation had not been allowed the water
company. The plaintiff nowhere alleges
the account of such excess, nor does he aver
any other facts OF amounts from which the
excess may be arrived at by mathematical
calculation. In this respect the petition is
not sufficient TO support an action to restrain
the collection of illegal taxes. In such
cases the amount of the unlawful assess
ment must be averred. 1t is apparent that
the object of the suit was not merely to re-
strain the collection of excessive taxes. At
trmed. Gaines, j.
H. B. Wilson vs.. S. S. Griffith: from
Travis. Certificate for affirmance l. The
certificate is defective in that it fails to
show that an appeal was legally perfected.
Certificate dismissed. Per curtain.
Jasper N Haney vs.. Conner & Lewis;
from Parker. Certificate for affirmance. l.
The fact is shown that an appeal was legally
perfected and subsequently abandoned. At
tir1ned on certificate. Per curtain
Fort Worth and Denver City Railway VS..
Belcher & Belcher; from Montague. Cei-
tificate for affirmance. l The appeal bond
is not conditioned according TO law. 1t does
not bind appellant to prosecute his appeal
with effect. Certificate dismissed. Per
curiam.
Lucian Minor VS.. Louis Ranger ct al;
from Robertson. Certificate for affirm
and abandonment of appeal, anu meets
other necessary requirements. Affirmed
on certificate. Per curian.
S. F. Case ct al. VS.. d. w. Logan ct al;
from Haskell Motion to file transcript.
l. The motion shows that clerk below re-
fused to make up the transcript until his
costs for so doing were paid, and that this
is the sole reason for same not being filed
in time. Held: The motion will be granted.
Transcript ordered filed. Per curtain.
S. F. Case ct al VS.. D. W. Logan ct al;
from Haskell Motion to affirm on certifi-
cate l. Because it is shown that clerk of
the court below refused to make out the
transcript for appellants and the transcript
having been ordered filed, this motion will
be refused. Per curiam.
Bonner s. Eddy VS.. ]. r. Green; from
Hays. l. A transcript may be filed by
agreement of parties at any time after its
regular assignment Transcript ordered
sled. Per curiam.
s. F. Case ct al. VS.. D. w Logan ct al
from Haskell Mandamus to compel clerk
to make out and send up transcript. l.
That the cost of making out transcript has
not been paid, is no excuse for failure of
clerk to make out same. The clerk will
pay all costs of this motion. Per curiam.