Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1894-12-13

"a
;iiieatc was sold by the probate court
fer the land was patented.
The intervenors acquired an eQultu-
Bile title to the land before the transfer
Of the certificate to West. Inc iat,eF
bought for a valuable though inade-
qualc Consideration but without notice
OF the prior equitable title except III
50 far as the inadequacy OF the pilcs
might put him upon notice. inter
yenors offered to return to West me
purchase money and the value OF MS
improvements. To be entitled TO pro-
batlon. the subsequent purchaser must
not only pay a valuable consideration,
but must be q purchaser In good faith.
The consideration need not be ade-
quate or the full value. lnadequacy
of price may be shown on the issue OF
good filth. Opinion by Brown, ].
l.. p. Huddleston, admir-, vs.. IL
kempner-Applicatlon Tor WITH OF
error: Kempner owned a claim against
the estate OF which Huddleston was
the administrator. The claim was al
lowed, a mortgage TO secure the claim
was ordered foreclosed and the land
directed to be sold for cash. At the
sale Kempner purchased the land for
less than the claim, and on confirrna-
tlon of the sale the administrator ten
dered him a deed but demanded from
Kempner payment Of the costs and
per cent commission. II is held that
the administrator was entitled to COM
mission. The administrator had right
TO demand payment Of the amount bid
In cash. That he did not do so was
favor to the purchasing creditor.
The cases of James VS.. Corker $50
Texas. GID and Wall VS.. Down 1856
Texas, 116) do not properly construe the
statute. Writ of error refused. Opinion
by Brown, j.
d. II. Snyder VS.. W. Y. Compton
certified questions from the third dis
trict:
l, The creation of reservation In
the act Of July II. 1879, is within the
purview Of the title Of that act. and
IA therefore not repugnant TO section 90.
arucle =, OF the constitution. The pur-
pose Of the law ns expressed in the
tue is TO provide for the sale Of
portion of the inappropriate public
lands OF the state Of Texas" To pro-
vide for the sale u part Of the pub
lie domain implies reasonable II not ne
cessnrily provision that It shall not
be subject to appropriation In any other
manner.
2 So much NJ the act Of January %,
1888, entitled IAN act to withdraw the
public land Of the state Of Texas from
sale" ms undertakes to continue re-
servation of the former lands upon
The same subject Is repugnant neither
TO section 30 nor section 30 Of article
OF the constitution Considered In the
light of Legislation upon the same sub
1ect matter enacted at the same ses-
sion, 1t Is evident that the purposc
was not to annul to reservation. but to
suspend the sale Of lands until such
time as the legislature might sec nj
ton,
3 In passing law the legislature
mas the power to declare In the body
OF the act the construction which shall
be put upon H. Il IL hnt mode OF ey-
pressing its intent and that intent.
however expressed, is binding upon
the courts. y legislature may not con-
strue former law so as TO give such
construction retroactive operation.
That would be an invasion OF the PROV
inee OF the courts
4. The act Of April 10, 1889. should
be construed IN the light OF the pre-
vlous laws lp2u the same subject. and
especaily tfp passed ut the same
Atession' Rus this act docs not limit
me reservation to two million acres.
Section 10 OF the act OF July II. 1873.
provided thar ono half OF the net plo-
caeds OF the land 10 be sold under Its
provisions should be set apart FOR the
MARINA nr,t eti,g--i g,,a -
other hnir shn,'ia "tii 'uN' me
nal,rent ~ ~ aa 1PI5utu 10 NE
state AZ M Sa,,,o Sh,'vIt 80 oi the
,rbe dIspnSt,f,r ~ IN, 49,. 1e,"'ur Gues
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stpt,Fs balr IL ~, ,,,.,,.,', ''"l' iue
shi,s G,,' ,,.,,,,.'iy =, $500 ~ w iol'a
=, .7st. 800, -. ''a,' si'c ~
a,r.l s,,,,tg H., s'. o,, W. ilo"a OF
veriii,, -ttn Mia. b,,ic ,'s s ~ uIl'-
der to ,,n Ia h,e school fri,,i ~ rsi''s'1-
nurposs ~ tbis al ,.a, ~, -, ~, ~
nttv.rsit,, ,,ith ono Mo 20 ,t. 49," tlle
c.r.lg al ans s.ia III tV,, ,,,,iii 20 pIu-
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INV sbo,n6 re,nnin oftor rs, ,,.' IN'h,
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mo act ~ Ion,,a,S, 90 ~. ~ puipose %
susnena the saiss o,I wv, "ieryly 10
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rr,nro,,o,,,,,,t ca,,,,,,,. 60, ,s'uu anu