Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1892-03-06
SUPREME COURT.
DECISIONS AT THE GALVESTON
SITTING ON FRIDAY.
Texas and Pacific Case From Tarrant.
a United States Case From
Bexar-Other Cases
Special to the Gazette.

Special to the Gazette.
GALVESTON, TEX, March 4.-Hon. John
W. Stayton, presiding justice; R. R.
Gaines and John L. Henry, associate jus.
tees.
David S. Stanley ct al vs.. Mary W.
Schwally ct al. appeal from Bexar county.
Trespass to try title. Defendants IN court
below were military officers of United
States government. United States district
attorney by authority of the attorney
general, made the United States q party
defendant. The title asserted by plaintiff
is valid. While the United States cannot
be sued except in such cases as may be pre-
scribed by congress, the officers and agents
OF that government when holding possession
of property for public use in their official
character may be sued in any court of COM
peteut Jurisdiction by the owner of such
properly, and suchssrelief had as might be
if their holding was not Official Plea of
limitation by the United States properly
accepted to- Where no action eau be
brought, limitation ought not to run. The
United States or a state are not bound by
statute of limitation unless such is made
expressly applicable thereto. The attorney
general cannot make the United States a
party to suit in state court without an
act of congress authorizing it. United
States dismissed as a party Judgment
rendered for land and rents. Opinion by
Stayton, G. ]. Justice Henry dissents
from that part holding defendants for
rents. A J. Evans and United States dis
trict attorney for appellant, c. F. Carsner &
George T. Altgelt for appel ee.
F. NJ. Hill ct al. VS.. Susan Moore: error
from Denton county. Trespass to try title.
Section 10, general provisions of the consti
tuition Of the republic, provided that ''all
citizens. etc, shall be entitled to their land
In the following manner: Every head of a
family shall be entitled to one league and
labor OF land, and every single man, etc..
shall be entitled TO one-third of such
amount" Held, that the head of a family
means asfamily based on marriage A GER
titicate issued under that act for the guam
tity to which the head Of family was en-
titled was sufficient to put every person
claiming through conveyance hereunder
upon inquiry as to whether or not the bone
hclary was married man and that it could
not havo legally issued to him but for his
relation to some other person, and that
same might have been community property.
Reversed and remanded. Opinion by STAY
ton, c. J. Sawnie Robertson for appellant:
Alexander, Winter & Campbell and j. NJ.
Moore for appellee.
R. F. Richardson vs.. F. Pavell; from Or
ange county When there is a conflict be-
tween the calls for course and distance in
-.
latter should prevail Reversed and re-
manded Opinion by Gaines, j. John F.
Hart and o. R. Shalars, for appellant.
Martin Clothing Co. vs.. II. ]. Hurley:
from Tarrant county. Defendant claimed
the land in controversy as homestead. The
evidence does not make it clear whether de-
PENDANT lives in town or country. The use
Of the lot once for ginning and fattening
hogs, etc, cannot impress land with the
homestead character when the interest of
the person so using it is only an undivided
Dne, and when the tenants in common are
in possession and using the premises for an
entirely different purpose. Reversed and |
,emanded. Opinion By Henry, J. Wynne & |
Mozart for appellant; Ross 81 Terrell for |
appellee.
C. L. Neese Us. G. ". Radford: from |
Fayette county. In suit for damages for |
levy Of execution, loss of credit |
and attorneys fees will not be treated as |
elements Of actual damage. Affirmed. /
Opinion by Henry, J. Brown, Lane &
Jackson for appellant, John 7. Duncan for
appellee.
City Of Galveston vs.. Leon Dazet; appeal |
rom Galveston county. It is not for every
iefect in q street that municipal corpora
ion may become liable if injury results
rom it, and it is only when the defect is
uch that reasonably prudent man would