The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1897-04-14
HIGHEST COURT DECISIONS.
Synopses of Opinions Handed Down
at the Latest Sitting.
RENDERED BY THE SUPREME COURT
Interest May Not De Allowed ON
Damages Resulting From Assault
and Bntter., Libel, Islander.

CALVIN THANTON VS.. TEMPLE d.
SMITH; suit to remove cloud from title,
from McCulloch county. Third district
Reversed and rendered.
In March, 1892. c. Crosby. being insol-
vent. executed an instrument in writing
by which he conveyed to j. A. Camel, his
heirs and assigns. forever all of his real
and personal property not exempt from
forced sale. This conveyance was made in
trust for the purpose OF paying the cred
itors of the grTlntor, and to this end Camel
was empowered TO take possession o. aud
to sell all of the property conveyed. Ger
tain named creditors were preferred In the
instrument After providing for the pay
mont of the three classes of preferred cred
itors. the instrument directs the trus
tee to pay off and satisfy each aud all other
aud further of his Just debts, and. in the
event the assets should be insufficient to
do this, to pay them OFF pro rata, Any
property remaining after the execution of
the trust was to be returned TO the grantor
or his order.
In May. 1892. Temple ID. Smith. one OF
the preferred creditors in the above in
strument, having one claim in the first
class and two in the third class. sued
Crosby and attached the lands involved in
this suit and subsequently bought tlSm in
at he shorif's sale,
Prior to September. 1892, Camel sued
Crosby and all of the creditors named in
the instrument in the district court OF
Mason county paying for a Judgment deter
mining the respective rights of the cred
itOrs and the order In which they should
be paid Crosby having died insulvent
pending this suit. decree was rendered
dismissiug it as 10 him and adjudging the
conveyance to Camel 20 be II valid trust
deed. Camel was directed by this decree
to pay the creditors in the order named in
the instrument. Subsequently Calvin Thux
ton was appointed substitute trustee in
place OF Camel. who had resigned.
Thaxton instituted this suit against
Smith TO recover possession of the lands
included in the conveyance from Crosby
10 Camel and in said sherifI's deed to
Smith. and asking a cancellation of the
sherifls deed as \ cloud upon his title as
trustee. There was n judgment for defend
ant in the trial court, which was affirmed
on appeal to the court OF civil appeals,
l. Was the instrument executed by Cros-
by mortgage or trust deed in the nature
OF mortgage. or an assignment? From the
provisions of the instrument in question
1t clearly appears that there was IAN In
tent to thereby divest the grantor OF. and
vest IN the grantee, all title and interest
In the property, for the purpose Of provid-
ing for the immediate payment Of the
insolvents debts. notwths landing the fact
that there appears on the face of the in
strument some circumstances Indicative
of contrary intent, such as the intent TO
create preferences and the provision for the
return of tho surplus. The instrument was
an assignment. Title to the property en-
brnced in 1T was thereby Invested out of
Crosby and vested In Camel Therefore
Smith acquired no title as against Camel
by virtue of his subsequent execution sale.
ga S. w, Ti5.)
.. The fact that the district court of
Mason county enormously determined the
nature of the instrument IN the suit in
stituted by Camel against the creditors.
while 1t may be complete protection to
the assignee who has distributed according
to such unreversed decree. did not in any
way change the character of title vested In
the assignee or reinyest Crosby with any
interested parted with by him by the eXecn-
ton Of the instrument II results that the
judgments of the courts below must he
reversed aud Judgment here rendered for
ThaXton as prayed for
Opinion by Denman, ].
j. b. WATKINS VS.. GUY w. JUNKER;
suit to recover damages for breach OF
contract. from jefferson county. Fourth
district--Reversed and rendered.
Watkins sued Junker to recover de-
mand alleged to be due for services ana
the rental OF certain boats. Junker pleaded
Il, ,..,o,,,o,,,tor ,or dauo,o, requiring from
:" '1e'''' 'o 49,
failure on the part oil watkins 10 iurnish
him certain dredgo boats under a contract
hot,yoep t,,om ON the trial defendant re-
-, ~. - ,,oco ;, ,l..
covered OF "a'hihs 'he sum W t"-'@,o- , 'e 10"
SlolS,oS' the amount OF lhc pi"ini Susu on.
ne INN po"l 1''oe e.. 49, 49,. IL dan
low interest at per cent upon .nc yam
ages which ihoy might ma IN IaVoi ol ue-
PENDANT upon MS plea IN recohYeh''oh'
In all cases where the measure OF re-
coyery Is fixed by the conditions oSislihg
at the time the injury is inflicted the per
son entitled TO recover has also the right
10 have compensation for the detention OF
tho mcney to which h. is entitled by reason
Of the wrong done TO him. IL may not be
technically correct to call this compensa-
tlon interest" but that is a term so IA
miliar that II is perhaps the most express
slye and Ineligible that could be used to
inform the jury what the rights OF me
nartios are. Interest, however. can not be
allowed upon damages arising from assault
and battery, libel and Islander. seduction.
false Imurlsonment. nor for personal in