Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1893-05-22
CIVIL COURT OF APPEALS.


No. lGl, julh Savoy Appellant vs.. G.
~. Brcwt ~, appellee, Appeal trOiu dis
trlrt court " En'tllui county.
OPINION.
This suit was brought by the appellant
against thp ann lice to recover the principal
sim uf $50 alleged ~ De due upon two
prumlssurv notes "a 'cutfd by The latter Ia
the former and 10 f0rvclOse the vendors
Hen expressly retained In the notes On u
tract Of 100 ucr"S lying Ia Eastlaud county.
Dpfruduut sought 10 avoid payment OF
thp note, on the ground OF tullurr 81 con
sllruttiuu. lie alleged that uu Lau ~ lN~S,
plaluttu conveyed to him the land IN ques.
lion In cOnNlcgAtlon of $50 cash and ~
the execution and delivery OF the notes
sued on; that at the time " the convey
Husc tie plaintiff represented To him that
she mad occupied the land under tine homie
H'Hud donation laws ~ the state NJ Texas az
IA part uf the uuupprnprintcd public domain
for the period or three years nuu that she
therefore had II right and tile 10 the lnul
AMI that the defendant ~ het vondea would
only have to take possession OF the land
aud apply for patent ~ order 10 Oblnin ~
that these representations were wholly
false aud were rradultutly made TO swindlt
defendant 10 the extent uf the consideration
stated The Defendant further uyerrcd that
AZ soon uH he nscertnlued tue imposition
pIctlcod upon him he rtpudlntci the sale
10y plaintiff to him uud himself obtained
patent from the stutu under TIE pr"gmp
tiuu law. lie prayed FOR recovery or the
500 piid and for cancellation OF the notes.
Tue Jury returned u verdict finding the
notes To have been executed without cont
sldrrntlon caucelliug ,upm and awarding u
recovery " $50 for tue defendant. II 'ncH,
Il rppcurs that the tract OF land Inv lived
was In the hrst Instance occupied rs vacant
| unupprOprinted public doluiin 10y one Mrs,
| under the law with refprcncn TO Homestead
| dnuntIonu she, orcupIeJ il nb,ut fwo yrur-
| when On oct " lsSi, she conveyed It hy
husband " the plaintiff Julia Il Savoy, vi.
| nam savoy never WWs"lf ne 'uplri tue
| iiyrd somutinics ia EastInii rn,intv nnd
| sometimes IN Fnnnlu coutity! he ilei in
| Johnson county In SrptsnbGr. iSs5. prinr
] y,y,I lin ian6 ~ ,,,rg,nty J,e,i ~, IL.
] wife Julia T.. SAVOY. on Jan. ~ .IsSS
| Julia g. savoy, apptllrnt, conveyed ibc
I lnud 10 H. ~ urswt III upponpp lu r1n.idpri,.
lion ~ $40 rnsh pnd ~ r t,va ,,,,.s ','S,t
man me COZ ;eyAner by her vas M mrrc
uuit claIm deed This Transaction Vas 81.
! Moss nor nrrnt 9Thc drfeninnt te1tia',i
| thai al the limo OF the tlIns of lilo ,rnu,nc'
tlon Mons falsely represented to him that
| tho period az ;hree yenr5 nne,,ptnrv ,yns
! complete and that All 'tbr Icfeud,nt had in
ii, was 10 male proof az or"nuafiln NV ",,,S
90 Ills patent which any lawyer would
procurp for him for $40 IN tms stntrWent
iho drfrndnut was corroboratci Ia, t",n,I.r.
Of his avn family
on t6y other h1nd the ,rcnt Nio.s t..,i.
nsd mi br mails n, Flso nn,s ,{s,'
io mo iefendani tbnt b,, IA el,,,, Ky
fcndnut .hat mo peri,i ~ nr,mn 9u,, Nv ,, W.
uot complete; tha: Mrs Coylngion ma o,S
II would be- Necessary S' that VII SyIn9ss,einn,,
should take posspislon and comnletr M" M,
tint Il Was nerced AMI fuiiv nnJrr,t,pl .'y, ~,
thr defendant Thai Mir savoy u,as ann, ~
only snch lille as shn Ind H. Wis t,sIk
nnnv Inc wituess Moss Was corr mn Nv rv \,
hv Ills wife and ~ thc t,,,nnn ~ ~, ~.
| Nnx gilhert ii WINS nv Jnt,,,aI ~ WI WI
liam SuvtV ar Ms viii. o,,.r ',',.,,.tn, Nil
land. ii was also undisnnt,j th,upW,t VIZ
I'M ~ tbr rnntr,,t viii XIV sI,nt " w
eKpnt Mos. tbe def,ndant t,nt nc..S ~ ~, ho e.,
| thr property aud " thp n,prny,,upnts ",n
sistlng ~ d house yorthSitsi A rrnpc enc rWs
| Ing the urpu. isps and nf.,,,er Al -. 80 81 4
walton Alter M ocennnncv i,v hin, WIZ W..
a ,fcnuant apnllrd for patent which Wa w.
fused because thp peri6d ~ thr,,, ,s,,, a., "A,
not cnnpIetr Having continual t,,s w., w."
to reside upnn lilo land onr war in,,,'e, n
| prorured from Mrs CoVinstnn ~ ,isv XXI H. ~
decd dor which no nnid notbins '',n MIN,
does not seem 70 Have hccn nro,i~erJ ",
ino trial, hut 10 the existence u which de-