Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1893-02-03
h HIGHER COURTS
/, n, foa worth and Austin Courts
Of Appeal.

4 q civil appetaiss''. ,,iro. II. ". Head
go ,hief lusl,ey.'' 80 instircs:
,tsv "sfephcns. associate Ju''''
Hua. clerk s, q. al
= p.rs Hunt Shortridge e IT. H.
lian's ,.ssal from the DISTRICT
4, q Goose county
OPINION.
NJ. Of fact and conclu-
''4 lions Of law
o. 1900 q. \ l IN. ,,, lnS' io rrl
n trespass to Try uuV I,edv.
W u epDelees herein A' uyl ',,1
from ui of go acres OF land
o s'lte' coruty aud patented 10
4 ia 'y'is ,,ovon Mora. The plain.
sifs Vi ins1 the land 10y virtue Ot
sir ,lA'. rsnres executed 10y per
goh',' ~ be- heirs Of Esteyah
|tlahllnin tho suit the appellants
feHhl 'iiiin nt ShortfidYe aud others
!. bsirs Of w II. Hpnt, lhti i
~ srscir elaim Is founded upon lne
tW ii. Hunt. their on'tsl03r'
~ .,lsratr hy virtue ot Wul'h lhe
i'n.'sted This truusier was
Wa iose Mora. Maurice Mora.
IN re,,rrspnting themselves
4 "o M heirs Of Estevan Mora.
ny ,',i iu tho court below tie
.sls :. r. Allen and Qtlii,yIs' pur'
~ interest oi The pl1.ili,l. RTE
1elv brcamc admittedly the
4 IN NOR, than Uuctiilrd OF the l9hu
49,, " r,~. The suit was thus
". y, se isgnp for tue remainder of
4 " Letvpru the utcy"uurs as
n stv n liant and the defendants
4 80 q. Alexander Ihis issue
q ~ a uJgment tor the defendant
4 which the interycuors prosecute
,ppgaL
EXCURSIONS OF FACT.
~ ts,5. n certificate for the land
=" was issued TO the hciis
,n ilorn. ON which certificate
q A was patcH,cd Sept II, 1901.
ka tS5l three Of the children 81
Mora. deceased. representing
i,ss 10 be- his only heirs at law
certificate by warranty deed 10
N unnt The ancestor of iuterycuors
,sstNrs M this decd were not the
~ nj Estcvan Mora The inter-
M remaining heirs. amounting To
stu ope.third OF the land In con
n the pronrrty OF the dvfeu-
n Anil N. 1Sbl. ". II. Hunt aud
and c. 6. Alexander entered into
Blowing contract
n Tho 9th day of April, 1854,
IN NJ aud Z. &. Alexander and
n n Hunt. both parties residents
T. state of Texas and county Of
Tho said A. NJ and G.. g..
der being the owners Of the ccr-
described In the schedule here
allached. aud being DESTROYS 10
BEN located, employ the suil W.
M 10 locate them upon the Follow
tms. VIZ.
sald Hunt Is to select the lands,
thom To- be surveyed. return tho
o,fs 10 the general land office, pay
ernment dues, procure the patent
Hyer them 10 the said Alexander
ham, entirely GO his own cNptA,c.
liberation OF which services. the
N. and g. &. Alexander uIv To-
10 the said Hunt one-third OK
( Nd 50 located, making him the
Z y 40 undivided third Of said lands,
ulfates which may hc udlcd 10
inAed schedule hereafter shall
A BIZ said Hunt under the terms
ptitact. In testimony of which
b OH names and set our scrolls.
d a. ". ALEXANDER.
&. e. ALEXANDER.
WM III. HUME"
M contract Is attached schcd-
land certificates referred TO i'm
nenndum In this list Is the FOL.
ntry: "Estevau Mora, two
90. 800: T.. 800" The last
10 the list being Elizabeth Jones,
M The caption to this schedule Is
Owfs List of W. II. Hunt d
a1d certificates located aud UNI
N Of which w. II. Hunt has an un-
methird." This memorandum is
handwriting of W. ii. Hunt. The
certificates or the schedule at
~ thereto Is in the handwriting of
#qlly, who was the clerk of &. &.
der except the last name ap-
~ the list. Elizabeth Jones,
This Is IN the handwriting of
Hunt. This memorandum, on
enl' together with thc transfer {,
auut was among the papers of
II alexander ut his death and has
. me possession of his executor
nee toe qualification of the latter
The heirs OF 4. G. Alexander
aleyer interest 4. NJ. Alexander
he land IN controversy. W. III
" dled IN 1861; G. &. Alexander IN
and A. NJ Alexander i'm 1866
Alien, The executor of &. &. Alex
W. pald the taxes on these land,
W. though il does not seem 1,
perli rendered in the name of IN,
~ So0Ie county. The taXcs wer,
~ Iahnln county. where Allel
ahu We're RENTED by the In,
~ u fannin tn the collector o.
9uhlS except for the year 1879
81 .ae land was sold for taxes be
u the failure Of the collector (,
= .Sln this tax sale the execute
4. lsnlly redeemed the property
.ars prior 10 the suit the appel
z Aiyugl their tenant. took posses
~ lahd fencing about 100 acres
tFnEniS' though we'll acquaintc,
N III dlu not inform the children
- nunt OF the document In thei
'n referring TO this land. nm
VI hunt knowing that thpi
1'o9s To his death dealt l0rgel.
uau eNerted diligent mquir
,ay.fhee TO his claim. They Ia,
s'tloh OF Hunts connection viii
H. IN controversy until after IN
"VNCLuSl0NS OF LAW.
.aFee assignments Of error frs
n, sapprllants complain plik
AZ. V'VIeleht terms, of the court
I'M iiull, the ancestor of inter
u" Mora land certificate [
Wa ms conclusion was pVidrn
.rot, upon ihe recital cunIniued /
~ lhlNm heretofore spt ont am
teftn by Hunt himself show
a. N, aud G.. G. Alcrnudcr or
,rs' ,e OF the certificate describe
,u"le hereuntO attached" Nh
ana " ur deemed binding upu
M up9h his puyics ip blood. /
frtn !" Jaw aud 10 stop him nm
M asserting the existence of
itai ulutrcnt from that whic
N T IMPORT. kimbrough VS. Han
N.Y., wa, The Estcyan Mora GO
eip'S, ,sf,ltd after the execution ,
ibe S.,a'Hil or agreement does al,
by M iaa,..,lness Of This concusio