Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1893-05-07
CIVIL COURT OF APPEALS.


Full Report Of Decisions Rendered by Tho
Court Tor Inc Second District.
Rhoads Fisher, appellant, W. J. Ullmann
Fl nj. nppellrcS Appeal from the district
Court Of Wise county.
CONCLUSIONS or FACT.
There fs no statement Of facts In inc
record nnd the eOnciilslnns Of fact t1und
b. the trial court muse therefore be accept
cd as correct statement Of The ease
OPINION
ON the trial la tue court below appellant
oncrod IN evidence the following 'eriincale'
Austin. fczas. Fen. II. 1870.
/. II. NJ Hall. commissioner Of the general
land oilicr OF the state OF Texas, do hereby
certify that the records Of ihis once show
That certificate No. 1dB for 40 acres OF
Hand issued by. sam iionstOn president OF
the Republic " Texas, TO Thomps Toby on
the 2Oth day u December, 1855, was never
sold by snld Toby Hs agent ~ the llepublic
OF TcAasi that sail certificate not having
been sold by Assignment by said Toby TO
amy one ~ appears from the records Of this
office, II II now aud has been heretofore,
regarded ~ void aud no claim against the
stat, VI Texas aud patent has been tcfuscd
10y ililF office on tile location IN Wise county
made by Virtue VI said certificate,
In testimony whereof ! hereuniu SET my
hind. etc. H. ~ HALL. Commissioner, .
To which appelleCs objected In substance
II was NOT sugh certificate ns Is iuade
evidence hy article ..ji " our revised stat.
utus, aud We thhik the Cuurt correctly Stis.
taincd thli objection. The section Of the
tihcate IL adntlsslblo Is Ms follows III
snnll be- the duiy OF the --- ruminis.
sloncr VI the general lHud uncc TO furnish
any person who may apply for the same
with O copy " any PAPER. document or
record In lnplr respective offices nnd also Ia
gives certificates attcsted by the seal Of
fact Or facts contained IN the papers, dOcu.
mruts or record " their 0fcoh and the
sumo ahall bc fr, alvrd Ia evidence IN all
cases Ia which tue originals would he eyi.
drucr." To be- udnisHihlc under this stat
uuN two crrtlhriur must cifher b. ID cnny
Of a paper OF statement Of u fact con.
tnlnrd w n paper which IN n record NJ tia;
office aud The original u which would he
evidence In the cas", We understand the
statement In tho certlhcnte offered tint
this land certificate was hover sold by
Texas" 10 h. a conclusion ~ the commlB
slOner nnd not n statement uf &. fact which
appears IN record In his otiice the original
OF which would he ndinlstihle III evidence
aud We nlsu fessri the other stntcmrnta Ia
this certificate ~ being conclusions of the
cuinnisslpnrr rather ihan ntntcnenn Of
parts NJ his records, 'ihc statement that The
land office had regarded This lnnd ccrtin.
cate ms void aud no cluim aglhs the Nutc
We regard ~ luinhirriHi, ihlurt IS. itnstlcK
rs Texas, ~, with this certificate rAclud
cd we hnd nothing IN The record which
establishes The lntnli1ily n Thomas Toby
HNfAl wv tNNi " N NlNf Tue hNllFi nuns
ihht tue register " land scrip Issued hy tile
executive at Columbia on lie auth iAy OF
llecoiuhcr lSld In conformity with d law
OF collgresN ut Tue I0ih hf December 1880,
shows that certificates from No, ,ui to itiS
Inclusive for a2n acres each Issued Ia A
,. 'llrusheL whose residence * Atnipd 10
DO lcA9,s nnder w caption % "low dis
'nNrd or states. "nCcpiuhrr iNiG return.
ed hy col Jus, Love" hnt we have neon
unable 70 md any evidence which ilontiits,
We certinc9icH ISSUED To a, T. rhursion
Ia Ia Ila..ttt Hl
law henrlug tue same date as the on 10,
frired 10 Ia thiH register. and we .upnosr
wv cgruArale OF thr mud commissioner re.
TERED To nhnvc Mns Intended tn furnish
TITS connection hut az u MAS ouifte,tiy ~,
rlnhtd ny thr 'nnrt ", ~ ronrsr cannot he
fact nled 10y tlv tidal uunu that thn lnnl In
controversy WIS hiei located hy vlrtur ~
lhis scrip 10 iI aud the court below found
. M Hpnnl,ecs sui,icltntly connected thcnl.
IL plead the superior equitable lille lima
created ia liar ~ the nnpnt,nt irp,l iltlc
Msrfl,l Ny appellant The ryldoutc which
was considered az showing his connection
WINS the tnc that prior 10 the lopatlnn az
i", ''Illhcale u wan W the possession Of
y , ~ FhrEus9n WIN the name Of Thomas
TOBY cndotscd an The huck ihupipf WITNESS.
ed bY Y, livnl Clarke tml 81 q. nrminina
aud the evidence ~ II, e. Fnrgusnn thni
hau j. y turguspn while 80 hnVlng nos.
session Of said certificate With said endorse.
mVnt thereon clainrd to he inc owner ~ "A
hnlf lnlert thcreln, and thai J. q D9vni
3yMn"1 '1s lenalnder aud The further fact
mat J. y, iurEuNon aud J, e. Duvnt had
naid corilncatr heated on ih, iani in ~"
ttovcrrs' 10 the declarations Of i A. Fnr.
Hu,pn M Y lls Right iu said certhcnic M.
lr,lia opi.rieu. but the court held u nj,
EIDE ~ To the correctness Uf This ipllnr III
me court lAlcnQw Va Nahh. ~ TpvlW ia
i w., ~ Nhinnh W ieNas, 81, Hem
uen " atNhpnu, - frSAs flr as NJ
are OF opinion that the ppssesHlDn nv l'ur.
wison ~ the certificate with . blink on.
, horsnnent thereon 10 rs lccalOn and iiWt
was .pnma fscc evidence Of titir a rim
Any ,,, ~ AK inn,h ~ ihe rccprl disclose, No
,N ldeace rohnt!ng This the rnntlusl5n of
The cotu that anntllccs claimnlg un,trf
furg,ison connected themselves viii, Hin
location must have ht,u the same In thg
au',ner Of any deglepiiou up1n his part
possesSlon " personal property IL NINA
tasle evidence Of owncrshin sscna Ia IN
Tue rule cVNrywhere Ahbntt's trlnl M.
lpad ccrilucate conveyed by trewstgr Viii
tue name of the pranlVc lef hlaul. 10 MI
~ the Manh by writing DE nntuo of thc
been reoognisA In this siatc ) s3 NV,
r. " estate law, M. w rrgarl Inn rssr
OF unlicit rs; o'C9nncr y iexae ~. Hs
the conclusion arrived nt by us. tiur conehi
slaa upon This branch ~ the ease diSpenses
NNth llf NttNfhlNN OF uttiillI fNu Interest,"
lux question presented 10. upnrllaut's ninth
assignment N error Involving The c.,nstftl,~
lion or the Instrument oxpcniud hy the
Texas and rauhe Railway company 10 m.
palMhi Also the several aetignmonts raii.
ing IN question certain lullurs W the ,nlit
below m excluding evidence TO show nppel.
lants title under VIM. knirht need nat lie
considered IN ~ much as the eourt found
his title from Knight nerlcci.
Let the Judgment VI the court below be In
all things Affirmed HEAD
Associate Justice.
Weaiefn Union r,lcgraph company, nnnci,
lant ". y, NJ, TAYLOR fppcllur, AflNAi
frOm the district court Of Nolan vopntN.
OPINION
The appellee y. Al. TAYLOR. on and after
the Gth day Of July. 1854 rcsidcl aiiint
three miles from SwcciWattr N Nolan
county. Ills son, Cicero was at tho fonner
datc very hlck at the house OF one \. A.
nnsis who rcsdod IN Kendall county about
three mliss ileA keSaiia.. a riasil 'seii
weniy.tArcc mites from hoeruc ON the
evening Of july 9 lhSsI Davis wroie on M
ordinary pleeo Of writing paper tue foliow-
Jolr :, ISIS
Nnertwalrn iF2as