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When failure to properly instruct cured by ment cannot be rendered for plaintiff for the prin-
Where there are two theories of the case,
and it is erroi to submit the evidence on one
of them a general verdict should be set aside.
plaintiffs."-Reed v. Phillips (Tex. Civ. App.)
Where special findings are required, all the
material issues should be submitted.-Mitchell
v. Western Union Tel. Co. (Tex. Civ. App.)
cery Co. v. Sawyer (Tex. Civ. App.) 1031.
A statement in a conclusion of fact that the
sum paid for certain goods was an inadequate
An instruction assuming the facts in question
TROVER AND CONVERSION.
When demand is unnecessary.---Richardson v.
A creditor in possession of his debtor's prop-
may sue for its conversion. -Smith v. Maberry
Repledging of collateral paper to secure a debt
Evidence in trover by an assignee for credit-
Evidence examined and held that plaintiff had
converted. -Smith v. Maberry (Ark.) 1068.
Measure of damages as against purchaser un-
Where collateral paper is converted, the meas-
ure of damages is its value when converted.-
Richardson v. Ashby (Mo) 806
An instruction which is in some parts on the See, also, “Executors and Administrators.”
Deed to a husband examined and held not to
Where a trustee deposits money with a firm,
and it is paid to him on his order, without any
A power in a trust deed to substitute a new his expense a release on payment of the price.
Bona fide purchasers.
Evidence held not sufficient to sustain a claim
One buying land from a bona fide purchaser
of possession by the husband and wife.--Hick-
man v. Hoffman (Tex. Civ. App.) 257.
The possession of land as tenant held not to
be, as a matter of law, constructive notice to
a subsequent purchaser of the land of his claim
under a prior sale to a gin mill situated there-
on.-Brown v. Roland (Tex. Civ. App.) 273.
Evidence examined, and held that possession
of land sold by the tenant of another was no-
tice to purchasers of his landlord's claim.-Al-
Actual knowledge of a deed of trust to secure
a note executed by a stranger to the title, to
One purchasing a tract of land charged with
an easement of which he had notice held to have
bought subject thereto, though it was not re-
served in the deed.--Burress v. Barbee (Ky.)
The fact that a purchaser at sheriff's sale
knew of an unrecorded deed did not preclude his
grantee from being an innocent purchaser.-Lin-
dell Real-Estate Co. v. Lindell (Mo.) 466.
One purchasing land subject to a vendor's
a bona fide purchaser, though one of the notes
Sales"; "Sale"; "Specific Performance." out any record thereof.---Perkiewiez v. First
VENUE IN CIVIL CASES.
A bill for divorce for desertion must be
sided at the time of the separation, or where
When court has jurisdiction of defendants in
cile.-Taylor v. Gribble (Tex. Civ. App.) 765.
An action on a draft "returnable in G.," in
county.-Lammers v. Floyd (Tex. Civ. App.)
Co. v. Holladay (Mo.) 49.
A party cannot. under Rev. St. 1889, $ 2258,
that the opposite party had an undue influence
An application for a change of venue, stating
term of court, is insufficient to show diligence,
Venue in Criminal Cases.
Wife's Separate Estate.
A will cannot be revoked by a verbal declara-
tion.-Kirkpatrick v. Jenkins' Ex'rs (Tenn.) 819.
Under Rev. St. 1889, $ 8870, it is not neces-
sary that there be an attestation clause to the
signatures of subscribing witnesses.-Berberet
v. Berberet (Mo.) 61.
A will dictated by a widow, signed in the
presence of two witnesses, who subscribed
their names in her presence, was properly ex-
ecuted.-Berberet v. Berberet (Mo.) 61.
Probate of a will cannot establish heirship as
to property not devised.--First Nat. Bank v.
Sharpe (Tex. Civ. App.) 676.
to jurisdiction in criminal cases, see “Crim- Capacity and undue influence.
The testator's declarations are not admissible
to prove undue influence, but may be looked to,
has been otherwise proved.--Kirkpatrick v. Jen.
kins' Ex'rs (Tenn.) 819.
The relations of a testator to an alleged daugh-
ter, anil his declarations concerning her, are ad-
An instruction authorizing the jury to consider
the testator's declarations to disprove undue in-
fluence is erroneous.--Kirkpatrick F. Jenkins'
Ex'rs (Tenn.) 819.
beret (Mo.) 61.
given to the wife for life went to the children
Will construed, and held, that land devised to
a wife for life on her death passed to her son
in fee, one-half thereof charged with the sup-
port of his uncle during the latter's life. -
Terry v. Bourne (ky) 403.
A will giving the wife certain property to dis-
convey a fee.--Byrne v. Weller (Ark.) +21.
Will construed, and hold that on testator's
termination of the life estate, be further post-
poned until the majority of the youngest child.
A derise "0. W. * * * and his children
leaving no child," conveys to W. a fee simple,
children; nor is such a devise affected by stat-
ntory provision that where an estate is given
to any person for his life, and after his death to
his heirs, the grantee shall take a life estate
laws of descent and distribution, conveys no
the half blood of the devisee. -Tichenor v.
Brewer's Ex'r (Ky.) 86.
of property. -Dravo v. Seebolt (Ky.) 1106.
a felony, evidence of his good character for
truth is admissible.--Farmer v. State (Tex. Cr.
plaintiff's refusal to get off of his train,
having denied that he made such statement.--
Evidence of a male witness' general charac-
ter for unchastity was not admissible to im-
peach him.-State v. Sibley (Mo.) 167.
A witness may be asked, for the purpose of
The state's witness having testified that the
prosecution against him as an accomplice was
made before the case was dismissed.--Mitchell
Where defendant testifies that he did not know
dictments are admissible on the question of cred-
Defendant, having testified that he heard a
scuffle at the time the murder was committed,
it is proper to show that before the trial he
stated that he did not hear such scuftle.--Mof-
Writ of"; "Execution": "Garnishment"; "In-
Service of process on infant, see “Infancy."
A citation is not insufficient because it gives
one not in fact a deputy is good where, be-
fore delivery to the sheriff, the clerk appeared
tioning the land sought to be recovered, held
insufficient.-Ford 1. Baker (Tex. Civ. App.)
Under Rer. St. art. 1230, a citation for a non-
him, is insufficient.--Porter v. Hill County (Tes.
Civ. App.) 383.
tion.Texas & P. Ry, Co. y. Neal Tex. Civ.
A party to an action, while attending the taking
A witness having testified that he did not tion.--Powers v. Arkadelphia Lumber Co. (Ark.)
Service on a nonresident out of the state will
not support a personal judgment.-Porter 5.
Act Aug. 13, 1870, authorizing service by
publication, was not affected by the repeal of