The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1891-04-23

ter ct al, and as to Bochman, because their
liabilities are separated aid distinguished
~ tne judgment as IN the verdict. Affirmed.
Henry, j..
ID b. Grigsby e. al. VS.. NJ. A. May ct al,
from Dallas. |. By agreement of both par
| Ties submissions may be set aside and
briefs filed for either party. Per curtain.
ID. Paden vs.. nj. 2. X. Biscoe, from Mi
lam L Both parties conserving, former
SUBMISSION Will be set aside, briefs allowed
flied and cause resubmitted. So ordered.
Per curiam.
COMMISSION OF APPEALS.
Hon. Edwin Hobby, presiding Judge. w.
e. Collard and ID. P. Mari, associate
judges
Jennie McDougaI ct al. VS.. r. H. Brad
ford ct al. from Denton. /, Where a
married NAN purchased land and before
the land is paid for his wife died, and after
a subsequent marriage the land is paid for,
in the absence of proof, such a payment
will not De presumed to have been made
out OF the community funds of the last
marriage. (59 Tex. By 2. Under the law
as 1t existed at the date of the death of
Hiatt in 1879, and as it existed at the time
of the order setting aside the home
stead to his widow and MINOR children, the
estate being insolvent the 'bene ficaries of
the homestead took absolute title to the
salae, free from distribution az o lg others
inter- sied in the estate. az Tex. 1S9; 81
Tex ito; GO Tex. $40; rs Tex. CAD Re-
yersed and remanded. Collard, jodge
wafer Gresham ct al. VS.. Margaret
chambers, from Coleman. Trespass to try
title. /. Court erred in excluding the dead
executed in 1857 from JosiahWilbarger and
wife (the latter being appellee) to Bartlett
Sims. 1t conveys the entire Barker league.
IL does not purport 10 convey an indefinite
portion of a larger survey. 1t is therefore
not description of an uncertain part or
sub division of larger tract The name
of the headlight and grantee is given, the
locality and quantity of land conveyed.
The deed is not void for wantof description
(46 Tex. 1857 The deed, as we'll as the evil
dence III support and aid Of it, should have
been admitted. 2. The charge of the court
was erroneous in that it Jailed to instruct
The Jlry as to the issue as to whether there
was sale of the cer,ifii ate to Bartlett Sims
by al pellee. The evidence clearly raises
this issue. and the charge wholly ignores it.
Reversed and remanded. Hobby, p. j.
DISTRICT COURT.
Judge Key and Clerk Hart took holiday
yesterday in honor of the day, and left the
handsome ard distinguished Huppertz to
keep house. He kept it so close that not
he slightestit item of news could be squeezed
out Of the establishment
COUNTY COURT.
In this court things were different, how
ever, us the following list of cases dis
posed of will show:
State vs. A. Robertson, colored, carr yinga
pistol; fined S25 and costs.
State VS.. W. 2. Hopkins, gaming; bond
State VS.. Jim Dennis, gaming; fined $40
al costs.
STATE vs.. Buchanan, gaming; fined $50
and cost and two weeks in jail.
State VS.. Ell. Warren. gaming; fined $25
and cost and three weeks in Jail.
Slate VS.. M. Hill, theft; four months in
jail and work.
State VS.. r. l. Stewart, theft; one month
in Jail and work.
State VS.. P. Lamp, carrying pistol; fined
$25 and cost
State VS.. j. Wright, theft; three week in
iall.
The Macarthur case was again opened by
the defense by Major WALTON entering
motion for new trial. The motion r. cited
that the defendant aske d for the new trial
on the simple grounds that the court had
erred in its rulings. The motion was over
ruled. f't.J lo = 81
AROUND THE COURTS.
With the exception of the county court
no business of any amount was transacted
in any of the courts.
RECORDERS COURT.
In this court yesterday Recorder j r.
Hamilton disposed of the following cases:
( City VS.. Mollie Smith, Disturbing the
peace by fighting; fined $25 and costs.
City vs. John Metgrass, disturbing the
peace; set for this morning at O'Clock.
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