Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1893-03-24
AUSTIN COURT.

Austin, Tex, March - -(Special. I'm
the court of civil appeals for the Third
district the following decisions were handed
down. on Wednesday. March -;
Cameron a Co. vs. L. III. Gebard q al,
from McLennan suit Tor 500 Tor mate
rial furnished defendants and 10 foreclose
the house was to be built was purch Used
with intent TO use the same as home
stead. Plaintiffs had knowledge OF this,
The question arises, IA the lots were unlm-
chased, are these facts sufficient 70 show
an active preparation looking toward the
establishment OF a home. coupled with an
intent 10 use the property. TINS question
must be answered Ia the affirmative. The
law OF this state VIII not tolerate the con
tcnton that vacant ana uhlnllrQfed lot
can not be acquired FOR homestead pur-
poses 80 as 10 exempt H. from the hcntut
on the homestead laws unless there Is some
actual improvement made upon the lot az
the time the lien was hNed 10 h1lu the
contrary would be disastrous 70 thosc wish
ing to build homes III tue henu OF INC
family Is without a home ana purchases
Tie vacant and unifnproYed lot Tor inc
purpose OF a homestead and within a feas-
enable time thereafter he performs acls
tending TO and evidcnclng an Intent 10 nc
coupllsh this purpose, the exemption -
complete, and the homestead right ~.
tacbcs No written contract was entered
,s the homestead Tile court finds no
error In the Judgment and Il u affirmed
opinion by Fisher, q. j.
pnulson We. paulson, from McLennnh.
Sult 10 cancel marriage and Tor divorce on
tie ground that appellee. was under dnre9s
az rho time OF the marriage. Ihe court 10
not satisfied with the mnclency Of the
evidence tending 70 show thHt mere Was
ceses Inc rule OF inylolabnlty that attaches
M The verdict Of jury IA other clNl
actions where there u some evidence 70
support It does not apply, Inc y uggliisId'
md
O'V Massey vs.. J. NJ. Blake, from
MeL oeaIiant brought this suit on promissory
~ eiieglnc that appellee was a partner
IN the firm which mace ~. An btllSau,h
was contcmporaucousy aued our lha ieyie9
npon personal property Appene uI i,ai,,i
ne partnership allegation ana hppcnnnnt
IT, ~ amended petition sought 10 nX ha-
hlItv on appellee on a dlherent glVuuu'
Tbe court below found LOT plan1n w
refused TO give Judgment foreeio5ins ne nv
sfteehneut lien on The ground that lhe
amended petition set up new cause OF
action. and that the attachment was me-
Ient 10 and depended upon tue eAuhsr "
action stated IN the oflsin4i pS.''lS ,,,, sef
NJ In this state we look 20 the suhaluhee
of the issue not 10 the FORM Nc 1919
M M liability as presented 10 posh y,
i+t' ~ a me same. IL was the manuef OF
Iigu' this liability that was Inherent
- fTexas 49,; II > W. X, tWit
V,rhe Judgment n affirmed Tor the amount
AZ HE note and reversed ~ 20 the w
"a 80 and the court iudtructed 10 reh4sI
t'l,I.,rp,'nt foreclOsing the lien IN RveoIl WI
w law as announced ~ TINS opihioN'
1nipion Nv Fisher, Z, j.
l,nme. VI Blake, fIom McLehnhh' 40.
s sghes oe question - presented n uiis
the n disposed OF ia the one ai ansseg
~ BiaFe supra and the same aislo'i''oh
IL made q 9t,ila ,d and santa Fe Railway
Jul, ~ pacou al al from Ben. -,
ev.a.lelii, nt. brought this suit 20 enlpin y,
~ bacon ana Il, ~ Bacon from ee,ns ~
~ the Justice court Tor nA,hshN = 'in,,,,ins
M "A carfain nmuber ~ h1fep' u'i,l",its
tAAS AZ pacgu individually ~ 70 wy
~ rs nartners. were killed by. appeiiNit
ttl,6uf fault on rs part, ~ ....i,,,,t
fr4rr 10 obtain an HlNanihts annalieas
hAa Tsfifnfed Two suits, one ioi $50.
iiSh n III Bacon iiainiih- ths ol9.I
W" ,yifh 81 w Bacon, plAuuh' ~
further alleged thai y W. raf'sr 10 allow
tslh ~. - h. be consolidated me TAGS
VIZ In appellants petition % h9l ~ ~
7, ~ relief The district 1919 ~ 1at,,sf
N, ,be hllngng 81 d multiplicity =, n ,.i'.,s
JgiH fiars suits IN a lnsuee u 49,
anu f'-,'ten fhe aggregate apleuhi or ViAts
fet yin preclude coo oillal fie,, ~
t,tif But q the lfhl y sse 80 iRg.
isis lhF ne 10 Ttxl We can noi 40 ulle
80 Ntht tiefcc % The peace hoelt ,',',.,
NJ ,noilauf auF ltfi lthl ~
the 0nriou by Key, A.
Is anlI, f,s,irtncs company = A. - i~
SAFE fs0n Travis 49,. az. -.Jatisu III
This sult gas ilsa e si,9n ne TEXAS IS.
The afio'Di-t ne Queen lnharnnW NYul
suranee efir-slx other nre inslnAe,ss
paagp a fiI' a0eaug ihsi ibs, VT "
inF 30 ~ ~ IN ~ naid f5y aStni-
ltte w - iplmeil1n ai.o
plfs ~. r.9niis " fae coii. AHiss "''