Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1891-10-29
COMMISSION OF APPEALS.
Synopsis of Decisions Rendered at tho
Present Tyler Sitting-Some I'm
portant Rulings

w. c. Lyme ct a.. VS. b. h. Sanford ct al.
from Clay. Trespass to try title. l. The
names FAIRIES" and "F'arris'' are idem
sonans. Where there is slight variance in
| names as in this case, and it is apparent
| that the parties are the same. the variance
/ is immaterial. 2. The objection that a
| judgment is void because the court had not
| Jurisdiction can only be set up in a direct
proceeding and cannot be collaterally at
tackled. as Texas, 81; 62 Texas 69l. 3. The
approval of claim against an estate by an
| administrator is quasi judgment and can
not be attacked in a collateral proceeding.
4. The administration on Farris' estate was
not void, because same was instituted more
than ten years after his death. [67 Texas
$40. D. The certificate for league india
Dor of land was subject to the payment of
Farris' debts after his decease and was as
sets of his estate. Affirmed. Fisher, j.
Pettus 81 Lott VS.. J. Fl. Dawson ct al. ::
from Karnes. Trespass TO try title. l. The
civil law of Spain and Mexico prevailed in
Texas in 1896: Under that law the right of
The spurious bastard (bastardo espurio) to
inherit from his mother is fully recognized,
as was also the right of the mother to in
merit from her bastard son. The law of
Louisiana was different 9. BY a law passed
by the congress of the Republic in 1910
aliens were allowed nine years to dispose of
their land. An alien who became a citizen
act. Affirmed. Garrett, p. j., section Is.
John p. Stoutzenberger VS.. Andrew
Stoutzenberger from Guadalupe. l. Where
Il father made advances to his son, same
bearing interest Of claimei), and also had
an agreement with his son that the latter
should support The brother of the father
and have an allowance therefor by the
father, in a suit by third party to recover
on the loan advanced by the father, it is
held that the statute of limitations against
the claim of the son for support of his
fathers brother would not BEGIN to run
until the death Of said brother. Reversed
and rendered Garrett, p. j., section B.
B. S. Gray vs.. Clara Kaufman; from VII
hanson. Irespass TO try title. l. II is
vel settled that under the law as it existed
when this cause was tried, aliens could ac-
quire land in this state by purchase, de-
wise or descent, and could maintain suit for
the land so acquired. Their title was de-
feasible,it is true, sbut defeasible only at the
instance of the state. The appellant can
not urge alienage. "a Tex, 1l3; "a Tex,
s9&3; g Waits, l2l 10 Otto. POS. The re
cent legislative enactment on this subject
acts 22d Leg is not before the court for
construction. ,. Appellant was not CO.
tenant with appellee as to the land in con-
trOversy. 3. The certificate of acknowledge
ment TO a deed recited that William c. Snow,
well known, etc, appeared. etc, and ac-
knowlcdged that he had executed the same
). g. for CasiIey, all the uses, etc, and he
wished not TO reIrdct same Held: The
certificate is sufficient. The name j. c.
Caskey was surplusage, and evidently the
word for IN the connection was a clerical
error. I. y certificate of acknowledgement
TO deed of Il married woman is not defec-
tive because OF the omission of the word
her before ''act and deed if same is in
all other respects regular 10 Tex, 294; 81
Tex, 56i 81 Tex, 30. !. Affirmed Tarl-
ton, j. Fisher, j.. disqualified and does not
sit,
Keesey x Murphy VS.. A. Y. D. Old from
5ed Davis. /. Where co-defendauts stand
10y and allow the plaintiff to dismiss as TO
one Of their number without objection on
their part, the action of the court will not
be revised i'll the absence of a showing that
the other defendants were injured thereby.
:. The court erred IN excluding the answer
OF the witness Murphy to the effect that
appellee had stated to him that he did not
expect 10 be paid for his services. This was
admissible as original evidence. 3. The |
court erred in charging that defendants |
heeSey il Murphy must show by prepon- !
derance Of the evidence that they did not |
employ the plaintiff before verdict could |
be found in their favor. A charge that the |
burden of proof was upon the plaintiff did
not render this error harmless. Reversed
ana renamed. COuaru, j.
Rio Grande Cattle Co. VS.. Burns, Walker
& Co.; from Mitchell. /. In the absence of
! statement of facts, this court will not re-
verse the finding of the court below that
he instrument il question was an agree
nent of Incorporation and not a partner
ship, although the instrument partakes
strongly Of the nature of articles of incorpor-
ltion IS well as q partnership. .. Where
refuses to transfer stock on its
books in accordance with the statute,
tockholder can assign at least an equitable
interest in his stock to third party. T53
Tex, 100. 3. A statement of some conclu-
jon of law in q statement of fact by the
curt is not reversible error When con-
lusions of the court are not full enough the
'arty complaining should call attention to
he omission, and on failure of the court to
insert more fully, should save bill of ex-
options Affirmed. Mari, j.
r. NJ. Rose vs.. Gulf, Colorado and Santa
"a railway; from Cooke. I. Appellant in
tituted this suit to recover damages sus-
aimed by reason of the wreck of hand-car
Il the road of appellee. 1t is shown that
ppeliant was q section hand and had been
threading for several years. The section