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

| statute requires to make effective her con-
I veyance to real estate. Nor do we see any
| eoOa reason why, when her signature to a
| written instrument as fact and not for
| the purpose of establishing conveyance of
| her property, the rules with regard TO the
! proof of the execution Of ancient instru-
| ments should not be applied. ,. The deed
| from the same parties to Dean was admiSSi-
| bic to show that the land had been parti-
| toned, and tfat in lieu of his undivided in
| tereSt in the whole De Cordova had ac-
| qui"ed in severaltv the particular land that
| appellant sued for and recovered. 3. We
! will not reverse a judgment because the
| findings of law are general instead of spe-
| citic. The form and substance of the
| findings should be left to the discretion OF
| the Judge. They should be kept separate
! from the findings of fact. - Tex, %.
. The findings of law and fact include all the
material issues in the case. T. When there
Is no conflict in the evidence upon an issue,
if a statement of facts is preserved, no
injury need result to the complaining party
from the failure of the judge 10 include it in
ais findings. No error Affirmed. Henry, J.
Fort Worth National Bank ct al. Us. F.
N. Daugherty; from Greer. l. AS Subse-
quently to the sales under the mortgages,
the owners of the mortgaged property in
each instance ratified and confirmed the
titles acquired through them, the objections
to the mortgages urged by appellants can
not be- material even if they were otherwise
good >. A mortgage of a partners interest
in specific partnership property 10 secure
his individual debt may not prove of any
effect because it may be defeated by supe-
riOr equities, and the proper administration
of the partnership business, but 1t cannot
be treated as nullity IN its inception. If
the property mortgaged can be found and is
unGispoSed of after the dissolution and set
tlement of the partnership, no good reason
Is apparent why II may not then be reached
and subjected to the mortgage. 3. The rule
stated by appellants in obiecting the intro
duction of the bills of sale, has reference to
animals found in this state, and the cattle
being in the Indian Territory the rule
should not be given extra territorial effect.
4 We do not see how the issue of surety
ship could have been properly made in the
cause in which the principal was not
sued. ). The judgment having been
paid by Jones was discharged, and
there was no authority for the
| issuance of an execution upon it as upon an
| unsatisfied Judgment. at his request, or for
| his benefit. Affirmed. Henry, j.
Thomas Maloney VS.. j. ". Erheart ct al. !;
from Shackelford. Tresspass to try title.
!. \ junior mortagagee, or the purchaser
under such 4 mortgage who has the right
to pay off the debt that creates the prior in
cumbrance, should have the right to dis
charge such incumbrance by paying only
so much of ,he debt as is recognized in the
law TO be valid and is therefore entitled to
! plead usury TO the debt creating said prior
incumbrance Where the junior mortgage
is made expressly subject TO the prior
mortgage and the holders of such mort
gage, or any purchaser Hereunder under
takes TO discharge the prior mortgage,
the rule may be different. ?. The
offer II pay plaintiff the amount due him
before the institution of the suit was q
sufficient tender and costs We're properly
adjudged against him, rs Tex, $50.
There Is no error. Affirmed. Henry J.
James Converse ct al, vs.. H. J. Lang
shaw; from kimble. Trespass to try title
by appellants as executors of the will of T.
W Pierce. l. Where the calls in a patent
as applied to the Land, discloses a conflict
between them, those which correspond
with the survey as actually made should
govern rs Tex, 500. .. When the field
notes in a survey call for the corners and
lines of surrounding surveys and contain
no inconsistent calls, it is not admissible to
show by parol evidence, that different
survey was in fact made, for the purpose of
controlling the call in the grant. 10 Tex,
AGO. 8. The judgment should be so re-