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Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, October 15, 1891, Image 5

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Persistent link: https://chroniclingamerica.loc.gov/lccn/sn86071158/1891-10-15/ed-2/seq-5/

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HWS D ChEMICAL CO PMnch OCce for U S A
SS Oarben htrret CHICAGO ILL
IE IN FT WORTH TEX BY
N i Ceyjii Miin St
rrews i2 Main St
n htjlort Worth Gazette
IEMEOYFRK
4tj j CWWth Ga
To This Is homely wij of ttatlae an 1m
Bj til truth
UjiiLe rov thi Weekly Oxzettx
EPPT1
THEHIGHER COURTS
the ancestor to warrant the title to certifi
DECISIONS AT THE PRESENT
TYLER SITTING
Rendered In the Snpreme Court and Court
of Appeals < ome Important Jforth
Texal Cases Decided
Supremo Court
State of Texas vs City of Wasahachie
from Kllis Suit by appellant to annul an
oitlinance of the city of Waxahachieaannex
insr adjoining territory 1 Under article
T03 Revised Statutes voters are allowed to
express their preference as to annexing ad
joining territory by any method of voting
tvhieh is satisfactory to themselves aud to
the city council and when it is shown by
the proper affidavit that a majority have
favored annexation the city council is au
thorized to receive the annexed territory of
their residences into the the city limits
07Tex CJ The fact that a majority
signed a paper setting forth the object of
the oto was sufficient 2 The fact that a
minority knew nothing of the proceedings
to annex the territory cannotaffect the re
sult of the election 3 With regard to the
extent and description of territory that
may be embraced the rule enforced with
leference to original acts of incorporation
will not be applied in proceeding to add ad
ditional territory to existing corporations
Affirmed Henry J
W E Craddock et ah vs Summerfield
Edwards et al from Kaufman Suit by
appellees to recover as devisees of their
mother a half interest in the land in con
troversy and for repartition there having
been a lormer decree of partition by the
county court and the w idow subsequently
ha ing removed from the premises 1 The
order of the court approving the decree of
the paititiou concluded as follows And
that the said Kate Knight Edwards do have
the sole and exclusive possession thereof
for thR purposes of a homestead for and
during her natural life Held The de
cree should be construed as if it read that
she have the exclusive possession thcicof
for her natutal life provided she continues
to u = o or occupy it as a homestead 2 No
sufficient reason appears for a repartition
but no assignment of errorraUes that ques
tion Affirmed Gaines J
G W Craiuetal vs O P Huntington
ftom Shelby Suit by plaintiffs in error to
recover certain lands 1 The execution
and contents of a lost deed niav be proved
bj circumstantia evidence > Tex SltiJ
ile was therefore permissible for a witness
Ao testify thit lie saw iu the records of
Shelby cuunti before they i ere burned
thejrecord of such a deed as the one claimed
f tqJe lost and this although he did not le
rfincinber the contents of the certificate of
acknowledgement 2 A deed more than
thtitj years old and coming from the
proper source is admissible in evidence
ithout notice Affirmed Gaines
J Evans tt al s Sanlana Livestock
L CiyjySanj from Coleman Suit b > ap
jSe1tfe to enjoin appellants as load com
missioners from openinsr a road through
JShds of appellee 1 The act of February
iutended only to make it the duty of
IJy
s Hs a 5 jottimissioners courts to act within ninety
dajs prescribed to act promptly and it
was not the intention to make the power of
the couit to act on its own motion depond
enttm its acting within ninety days after
thii act was passed 2 Notice of condemna
tttrfi proceedings may have been legally
Bercdonthe agent of the owner but it
Jf should be in the name of the latter and un
less so done condemnation proceedings with
such notice as heie given to and in the
n yiiebf the agent of the owner would be
rrfull and v oid The answer alleged facts
showing that the county had a right to open
the load and the court eired in sustaining
exteotions thereto Reversed and re
manded Sta ton O 1
W II Chaildick oxecutor vs M C
Haley et al from Collin Suit b appellees
brought to contest the will of Daniel Briti
soi ly Where a will is contested on the
J rouuijs that the testator had not mental
cjlv the will and that
cai to execute its
VVHtttion was procuied by undue influence
JDijtlie bcnenViir or boneliciaries evidence
tluji the bunpliuiti stated to one of the
contestants that the testator requested him
tafyive a u irt of the property to taid con
te tantjtjiTiu also evidence to the effect that
theTSeUeficiary had attempted to get one of
the contestants to withdraw her contest of
Die will promising in case she did so to
divide the estate with her is inadmissible
for any purpose Evidence bearing on the
matter at issue viz waat of mental
capacity and undue influence only was ad
missible Keveiscu and lemanded Stav
ton C J
Commission of Appeals
Gulf Colorado and Santa Fe Railway
Company vs J Zimmerman Co et al
Irani Johnson Suit by appellees for the
value of certain cotton alleged to have
been burned through the negligence of ni >
1ellaut t A common carrier can provide
in his contract of shipment that he shall
have the benefit of any insurance effected
upon the goods to be transported and if
the owner has received from the insurance
Lumpanr the amount of the loss he will be
precluded bv such stipulation from recov
ering against the carrier tji Tex > 79 but
it is not the less to be doubted that
alter proof of the loss due to such negli
gence of the carrier it is incumbent on him
to establish the conditions which shield
him from liability The insurance policj
stipulated that it should not cover losses
caused by the earlier s negligence aud for
which the carrier would be liable at com
mon law The court found that appellees
had not received compensation for the loss
from the insurance company and this find
ing is supported by the evidence Af
fh med Tarlton J
S D Burchard vs Rush Record from
Archer Suit by appellant to foreclose
vendors lien 1 Aplea in abatement comes
too late and is not in due order of pleading
if tiled after the pleas in bar 2 The suf
ficiency of a plea in abatement must be
tested by its own averments and unless
they exclude every exception which under
the law would confer jurisdiction the plea
is fatally defective if called in question by
exceptions 72 Tex CIS 58 Tex 37B 00
Tex H2 3 Wheie a vendee of land has
knowledge of the fact that his vendor has
not paid for the land and that a third party
holds a lien against his vendor for the un
paid purchase money the fact that the
third party subsequently forecloses his
lion against the vendor cannot avail the
vendee aforesaid in a suit to foreclose by
his vendor Affirmed Marr J
cate No 35 which was issued without
< TKh ereris ordrr we elve ihthority of law to said ancestor to Robbins
ST lrir U fr V0V < f arainst hm
self and his heirs will not operate as a
iebutter to the claim of appellees 2 A
cross assignment of error as to a party
who has not appealed can not be con
sidered Affirmed Garrett P J
W C Connor et al vs T H Saunders
from Grayson 1 The allegations of appel
leo s petition show that he was injured
cithjwbn account of the negligence of the
feudanrs company in not providing suit
able machinery or appliances etc or on
account of the negligent omission of Brown
or of defendants to perforin some duty
a
Is hard tact
t talk
sit Merit Is all
i enough but If you do cot
orn born nobody 111 blow it for
Eia Ralston etal vs Charles Skenet
from Clay Trespass to try title 1
ppellces do not hold the land tinder their
ancestor M B Skerett but bv the state
which donated it to them The covenant of
sjiecified iu the petition incumbent on
lim Held Such negligence as alleged in
apuellees petition does not amount to a
trespass under Art 119 Revised Stat
utes To constitute trespass as here
used the act must be willfully doue
something more than negligence must be
shown or the act will not be a trespass
It follows that appellants not being citi
zens of Grayson county their plea to the
jurisdiction was well taken Reversed and
remanded Marr J i
George W Baylor and wife vs Charles
jf and wife from El Paso Suit by ap
ces to recover land 1 This court will
not reverse because of a conflict in the testi
mony 2 The court charged that if the jury
found for plaintiffs they would also find for
them the value of the use aud occupation of
their part of the premises from the time of
plaintiffs entry Held error Plaintiff
Mrs Hopf occupied the land as a home
three j ears uaf rah r tnm e scj ealy
THE GAZETTE FT WORTH TEXAS THURSDAY OCTOBER 15
Oct 22 Fa
Oct 23 Pre
at a time
The important
be over estimated
cannot enjoy
Ash Poke Root r
blood purifier t
months than 1
blood purifiers
Something
predated W
Oct 17 Childrens Day
Oct 19 Count Exhibit
Oct 20 Stdo
Cait
the blood cannot
Ithout pure blood vou
P K P Prickly
dumis a miraculous
ng more cures in six
arillasand socalled
togethi
always ap
EXDEKT B 03
1 JJJJl UI IJ
TWO NERVY GIRLS
A Desperate Fight With a Bear iu the
Dark Iluntinj Wild Turkey
in Arkansas
Sperial to the Gazette
Mountain Home Auk Oct 14 William
Roberts brings a story from the mountains
nortn of this town of an adventure had by
two girls which would have had a fatal end
ing had it not been for the nerve displayed
by one of them Mary Welles and Julia
Roberts live on adjoining farms and are
great friends They are both typical
Arkansas girls and can handlearifie better
than most men of their neighborhood and
are so confident of their cower that they do L
not hesitate
to tackle the biggest game to
be found in the woods They frequently
go hunting and stay all night in the woods
camping where darkness catches them It
was during one of these hunting excursions
that the adventure spoken of was had
They went away in the morning and told
their folks that they might probably be gone
over night as they wished to get some wild
turkeys and they had to be on the ground
early in the morning
They went to the place where they knew
the turkeys were and built a blind and lay
there waiting Daring the night they were
awakened by somo largo animal nosing
around their resting place aad s it was
too dark to see Mary grabbed a club and
made a stroke at the intruderwhich proved
to be a bear and which was hit on the nose
by the blow Th3 animal was madden
by the pain ar 11 de 1 dash at the
grasping Mao the arm See screened
t
BT IS
In tlie Soiitli at XjOvat
Prides
Office and Salesroom at Texas Brewing Company
V 2L
a
eh si
All children in the state admitted free
RopingContest
ers AUfance Day
fdayr
three years have intervened since her mar
riage Thefihare directed the jury to dad
for morejCntyiaii it should have done un
der the factsI Reversed and roaa anded
CollardlL > 4
ST TO THE MUSEUMS
Death or the Smallest Baby Kver Born In
Connecticut
Norwalk Coxx Oct 11 Connecticuts
smallest baby died last evening and was
buried this morning The midget was a
girl and its parents Mr and Mrs Rafael
Baroleo live in a big tenement on Chapel
street When the child was born it weighed
nine ounces only and the day of its death
two months later it weighed leas than
a pound The babys head was smaller
than a league baseball and its legs were so
small that an ordinary finger ring could be
slipped over its foot and passed up tne leg
to the thigh The arms were no larger than
pipestems The midget fed on milk from a
spoon a few drops only being iUMt required
awarding of premiums on county exhibits
ens Drivers and Butchers Day Special feature grand
and as she was being dragged away Julia
got her gun and ran c se to the animal
placing the muzzle of the weapon which
was loaded with turkey shot close to his
left side and fired tearinir such a hole
through the brute that he dropped dead in his
tracks With the exception of a few bruises
and a slightly lacerated arm Mary was un
harmed and the girls staid at their
and in the morning were rewarded by1
ging three fine turkeys
Rheumatis
aches In the
bios and wr
quered by P
bloodcleunsin
strengthens t
i f
P P Pains and
Ibulders knees anklos
all attacked and con
great medicine by Its
builds up and
idyT
T
TreTinest Razors m Lia Worli
at Andersons gun store
Gin and Itesidenco Burned
Correspondence of the Gazette
Ravexka Faxxix Couvrr Tex Oct 13
Davis is Bro s gin was burned near this
place on yesterday Loss 125 bales of cot
ton and gin house amounting to 6000
Cause of tiro unknown No insurance
E A Hammonds house was burned last
night at about 10 oclock Los3 entj
household outfil
lS
stci tre pj fcstojjIa
1 CAildydw c i far
JrfBu eMuag tc
on
Easy
E3 COMPANY
Fort Wortlx Texas
2n THEE GKREAT
y CMldren i
SPECIAL DAY
Oct 24 Teachers Day
at half rate
Satorde37i Q rSo ber ± T By ZEEis Eszcellerioy
MANSION
All children in Texas invited A11 school children accompanied by their teachers and all other children under twelve years of age admitted free
Most extensive display 6f he sfcftes products ever gathered together thirty or more counties will be represented Largest and finest display of
All schools attending in a body will be admitted
Oct 25 Texas Real Estate Association Day and State
County and Mu
nicipal Day
Oct 27 Knights of Pythias Day
Oct 31 Worlds Fair Day Distinguished Worlds Fair officials from
Chicago will be present
HOTEL PICKWI
i
cojjflfientfaculty
uie
The intsFprfeftcal cour
oHigtast honors froa
President W cO i
TH GAZETTK
Ivaled In ti
of studv rfJltgli
ittasKair
as Tex
I
fe
I

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