The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1893-12-06
THE HIGHER COURTS.
rnn xYNorsns ON DECISIONS As
HANDep ncwN.
Re2aerines % the ssnsr Courts Of
La.s nesors In Causes Taken Up
ON Appeal Frem the hswes
sUdfcfAl TriaanAiM

lutAlcA ~ sn'nAtHi-f
Aastia, Texas pses..aesr s:s-i'he s.i.
wiisy llaexwsu ". j. 4. Bisokwsls.
I ;fuin Rpkk, l'h,s is 4 suit ior Land. The
and his cxecutora. There WAS 10 order dis
Charging tho administrator aud cloSiilE
tan estate. The executor chA mol claim
1 controversy was devised 10 Nancy Black
vel Tor life. wiki tho stipulation that At
ier death X should go to Tie heirs. Tue
| IA could l1of have gotten nfore than ihs
lie eat4te which she held IN Tho Land
pHe executor cce.a net acquire usle adj
verse 70 that OK she heits FOR whom as
The Judgment OF tho cousx or clvii ap-
reAiH and 81 the district court are re-
vefzfd and the cause ternAnded. Opinion
ID. u. watkins ". Carey watsin. This
II certified question from Erayson. Mrs
naae deed selling 10 Amos Morrlii 4
certain tract 81 land With MI the rights
sud Appafsenances. The whole tract Of
fHck abs owned ouly an undirldcg Ea1f
interest III lt her brother owning the
otlief hhlL she afterwards Inherited the
rtner half from her brother. and thz qnes-
paes 81 the former Deed and ~ IS Mrs
" atkins cslppped from asserting such H.
tltt II
This transaction bcclrsed In 1854. and
wa must look to common law ana etntutes
81 frrcc at thar tinle
lnaer the coInlnon law a woman i,ad
not cSpncity 70 convey lands.
Previous TO the act Of April 90 lgts the
capacity 81 married women to confrac;
appears e have been lipitad 20 such as
were necessary to provide themselves or
children with necessa.sos OF llfe
The last named act prescribed tho acts
necessary 70 be done BY . married woman.
lands which was her support esfsf ~ - ="
d, loQSi. This was an enabling MT ana
must ne construed according to the Ytir-
gqseS sst out. and was not an act enabling
niArrisa women - convey directly OF ir-
directly or by operation 81 Covenants sg-
dressed or implied something witch al
some future time might become the sep-
AiAte egtAte, The act also pfescribes the
erect ot acts required to be done, IL
says; Such deed shall pass fhe right
title ana Interest. which the husband and
Wie, or either OF thein may have In 81
70 the property therein conveyed. \;
,if.f' i1ltve IN rr 70 the property at what
tineg Certainly ct the time the convey
Anee - made The husband may Doubt
less be bound by covenants h. may MAKE.
but these would have 70 be exuresHei when
ne joins merely proforinR. Covenants OF
warranty Is not a necessary part OF
deed, aid married women have been giyen
no such power as would allow them to 60
bird then selves.
II, BIsnop, On me law Of married women
stsf.
Tue cases OF Feuler VS.. Shearn and Col
cord We. Gerano In Mas are often fe-
iiea upnn q SUPPORT the contention that
= married woman may esfOp herself nv
deed, but IN the case Of White vs.. Shaw
" Sufh sd they are held In 10 far 10
ue iner dicta.. The laws hi Ohio on this
point are similar TO our statutes and In
Hili w West g Ohio 225 } It was held tina
q married woman could not bind hprgeif
further IL than authorized by statute.
! Inc ruling In Lindsay vs. Freeman fB8
Texas, xaa,9 has no application in this case
IL q married woman Is not bound by ex-
press, warranty Of title she can not be
unnecessary 10 inquire how far sine may
be bound by express covenants or iaef-
tails IN hseds OF usture such. II construed
There Is no decision Ia shis State directly
On this question. Int the general priD@
ciplaa have been deglared m Texas sss:
~ fs5Qs, zll) The deed ia question did
not pnSs the after acquired title nor Ald
II astop Mrs, Watkins OF her heirs Onif
lon ~ stayton, q. u, Brown, A. j.. not
sitting.
International and Great Northern Rail-
way company " Mai WEIGH, from An
lnIuties received willie riding on appel
iatt's train as q passenger. Tho questions
are ntsi, whether Il - correct 70 charge
that the carrier must use AL possible
worsi 'posslble', iass.ssssss second
wshethsr Or not tie requirement
ss provide foy ssafe co Inu i gsr Me-
rect third. Whether Of MOI failure to mere
fully explain the iangasase used was posi-
tlxe error nF omission eurahle BY special
the carrier IA haufd ito use Ril poH3ihie
care TO ur1yide for the safe conveyhfee
p paH senEors The true rule Is laid down
Texas, S. This II sustained BY nearly al:
the aa5uaic4ted casea and the heat text
Z, y, ~ Sxasaasgtinn