Austin American-Statesman from Austin, Texas • 5

AT'STIN PA ITT STATESMAN. TrRSTVAT. JT'NE 4. Railroad company was fraudulent as to AT HE HIGHEST STATE COURT appellants rents as a creditor oi said Waeo and Northwestern Railroad com jtany, and to try no other issue made by the tileadmgs. The jury on the trial below found that sale was fraudulent, and, in accord OPINIONS HANDED DOWN THIS TRIBUNAL YESTERDAY WHEN IT COMES H.

Mclioan. Dano; C. R. Porter, Llano; J. J.

Parker, Leander: C. B. Wilcox, St. Elmo. A.

B. Tharnhill, Baltimore, o. Viersn, Haymoud; D. C. Gideon.

Gkil-Iemocrat; W. A. Fitch. Eagle Pass: E. B.

Biercer, Springfield. R. H. Walker. Gonzales; II.

C. Clark. Dallas; J. W. IVKls, Dallas: J.

L. Whittle. Sulphur Springs; Mrs. M. E.

Bradford. Round Rock; E. lVhoney, l'aris; A. J. Day.

city; John Dowell and friend, cfty; D. Neil, New York: N. A. Steadman, city; N. J.

Pollock, Dallas; R. G. Crosby and city; F. M. Behrns.

Llano; Lester tlrav, Llano; J. G. Greene, Brockton. W. S.

and family. Llano; David LaiabtMh, St. Louis; D. C. Ieavitt, Chicago.

PERSONAL POINTS. THAT WILL EE OF INTEREST TO LAWYERS GENERALLY. in the opinion on last appeal, established a lien on the road ad sold in favor of Shirlev for the full amount of has claim, viz: Thf trial court charged the jury in effect that they should find for plaintiff, if the sale was "made with fraudulent in tent on the part of the Waco and Northwestern Railroad company, and if said intent to defraud Shirley "was known by the officers of the Houston and Texas Central Railroad company, or might have been so known by the exercise of ordinary diligence on their part." In order to invalidate the sale on the ground of fraud, it was necessary for plaintiffs To setabHsh two facts. (0 Fraud on the part of the vendor in making the sale. 2 Notice thereof on the part of the vendee.

tR. art. 24io Such notice might have ibeen established by proof, of actual knowledge of the fraud on the part of the vendee, or of actual knowledge on its part of circum-, stances sufficient to put a reasonably prudent person upon inquiry, in which event it would have been its duty to exercise reasonable diligence to ascertain whetner fraud fact existed, and a THE SENATORS GOT HOME YESTERDAY FROM THEIR NORTHERN SERIES. The Team is Strengthened and Yon Can Expect Winning Ball They Have Been Playing in Awfully Hard Lock Gal v'es ton Their Meat Today. The playing of the Senators has greatly improved since tbey left home lor their North Texas series.

They have been weai in the pitcher's bos, iut everywhere else they have been all right. And now that they have secured Pitcher Fee- tan 'of Gtfveston by Exchanging St. Clair for him, they (will be strong in the box and will lay winning ball. All our men have given excellent accounts of Sunday's game as given in the Dallas News shows how our boys have picked up in field work: Sherman, June 2. The last of the i UUut ini- last tii south Texas ganieaemlod twlay in a hard fourht: battle foeD.

the and the 0ri)llang. The Tiaitor9 did eome w. cellent playing today. The score: Sherman. a.b.

r. h.h. p.o. a. e.

failure to do so would nave charged it, in j.li.ii- Tl -law. with notice of such fraud, U. The foll1D TO. Fine, Nobby, Tailor Made, Light Weight You Should Co To And Get the Best And Correct Thing, Jno. Bremond.

Jno. II. Robinson, Jr. JOHN BREMOND IMPORTERS. Wholesale Groc ers COMMISSI MERCHANT.

109 to 113 1-2 East Sixth Solo distributors of tho rolebratcd Mario Antoinette and flraud Rppuhlic dgars, as vol I as many other goods in the grot-try line. Trompt and careful attention Riven to open orders and satisfaction guaranteed. SUMMER CLOTH i SftanF(inir icks .413100 .411101 4 0 2 12 0 1 .311251 4 0 1 3 0 0 .401620 .301 1 00 4 0 0 1 0 0 4 2 2 0 5 0 .34 5 12 27 12 1 a.b. r. b.h.

p.o. a. e. 5 0 0 0 1 0 3 0 2 0 0 0 4 0 0 0 0 1 4 0 0 17 0 0 4 0 0 5 0 0 .311 2 5 0 2 1 0 0 0 0 4 0 0 3 0 0 .4 0 1 0 3 0 .33 2 4 27 9 1 ucation a matter of education the use of Pearl-in for washing and clean ing. The bright women, those who learn quickly, are using it now.

The brighter the oman, the larger her use of it the more good uses she finds to which she can put Pearlir.e. Dull women, those who never use new until their bright have drummed it into then -they'll use it presently. It's just a question of sooner or later, with every woman wiio wants the best. T3y-- and tome unscrup- JDCj cil CJ will tell you, this is as ptvid or'ihe same i IT'S KALSa-Pearline never eJdled, and if your (jrocer sends you ome thing in plate of Pcarlme. do the honest thine tnUitkuk.

MMES VVLE. New York. AnAcmwflhlnTjl VnHtyA nnH KPIiVlcTAVin fioM by DriJKK-iKti or sent by mull, TTf rnrlKs TOOTH POTO: hu OoMirlrtpa, Glt, LaMPTtea ft fid (tjirafttorTlHM. Or Ho Fain. No Bum.

Fr Byring (BETENTH HTHK'TCKK and all PHIVA ri 1 BltASIi Al UrntritUM, or ftt uj vldrrM, for tl.OU. 'IalMtlo Mufdor la Tbt Hrrl' ol all ilmriu DR. HENKT KRNT. HIJd.foKl. B.

MALYD0CMfQ. Lanouatw, 0.8 Scarbroueh 8c Hicks are showing a Jino of men's ou tip suits. Ttaey are beauties. OfTcrinir in tmth firut on.l liKhtful route to New York, in their new cabin nnd steerage aeeomniixlatioiis at lower than any other route. For tirket, information to I.

J. JAW JJ'jSS. inon Tieki Agent. J. N.

SA WYF'Hl Ac Agents, (Jul W. J. YOUNO, 0'neral 1' We have bought the remaining copies Ck IlEd wj simply mow MJ THE 1 TO 4 DAY (New York Steniiiein In the Caw of the Warner Elevator Manu facturing Company Against Maverick and Others a Rehearing is Granted and Former Judgment Set Aside. Proceedings of the supreme court yesterday: I Affirmed ami remanded 'Houston and .1 Texas Central Railway company et al. rs.

Shirley, from McLennan. In Warner Elevator Manufacturing company vs. Maverick et from Bexar, motion for rehearing is granted, former judgment is set aside, and the cause is affirmed in part and re-versed end re manded in part, with instructions. Rehearing submitted Howell vs. Han-rick, from Travis.

Cause set Wiehila Valley Railway company vs. Peery, from Knox, for June 17. Cause submitted Wilson Co. vs. Daggett et from Archer.

Former submission of motions for rehearing in North Side Railway company vs. Worthington et from Tarrant is set aside and motions are reset for 13th inst. OFINIONS. Following are the opinions delivered by the supreme court yet-terday: The State ex Wm. Eckhardt vs.

J. W. Hoff et contested election case, from De Witt county, First district. In 1S71 the town of Yoakum was incorporated by an act of the legislature. This act provided that a.

mayor, board of aldermen and other municipal officers should be appointed for said town by the governor; that from and after the next general election said municipal officers should become elective and that the first election should be held under the direction of the presiding justice of De Witt county, after having given ten days notice thereof, and annually afterwards under the direction of the mayor, at least ten days before the expiration of his term of office. The governor appointed the officers in accord ance with the provisions ot tne act, ami in November, is.z an election was new at which officers were elected. On tne Nth day of December, 1S72, the council by ordinance established the first Mon day in tne year and in eacn suc ceeding year as the day for election of officers. Elections were regularly held un der this ordinance until l.SSO, since which time the elections have been held on the lay fixed in the general law for elections cities and towns organized under said general Jaw. Respondents were elected 1SS3 nad again in 1SU4, at elections new April of those years.

It is claimed hat these elections were void not held on the proper date. 1 We think that the effect of the provisions in the special act quoted above was to nx tne date 01 tne general eiecuoiis a the time each succeeding year for the lection of the municipal officers. The law force at the time tne act was passeo lixed the first Tuesday after the erst Mondav in November of 1Si2 as tne time for holding the general elections. Hence bat day in each year would, under tnis barter, tie tne proper date lor noiuuis he municipal election. f2i Rut we are of the further opinion that the judgment of the courts below in favor of resnondents should be affirmed even though it be admitted that they have iio legal title to the offices.

xne oaie ior iioiumg uv cicvimu hanged in good faith under a mistaken ontrr-tifn of the law. Respondents are de facto officers of the town, and if they should lie removed there would te no officers for the town, and no law under arhieh another election could be held un til th TtHmlnr fixed by the charter. Relator claims no right to hold either of offices, his action being purely in the interest of the public. Under this -state of tacts tne uistnc-fnrlL'c had the rieht to deny leave to file tha information on the ground that its -mccessful prosecution would be a public Injury, iltt N. J.

145; 4 High on Ex. Leg. p. 4iJ.) Lnder he facts tne case was eorrecuy uecmeo iK-low, although the reason given was not he correct one. The judgment is affirmed.

Opinion by Brown, J. ni tnr iht nni to, foreclose an alleged mechanics' lien, from tvni. rnntr. Fourth distr et. 1 til n'ii K.rini am! remanded MALLORY LINE nnd Texas (Steamship -to-NEW YORK CITY DIRECT' Leave Galveston Every 'Wednesday, W.

S. Dorland and family were at the Avenue Jast night. I'avia iamteth of St. Iuis is a guest at the Avenue. D.

C. Gideon of the Globe-Democrat can tie seen at the Avenue. J. Whittle of Sulphur Springs is at tne Avenue. D.

Weil of New York registered at trie Avenue yesterday. E. Dohoney of Taris was at the Avenue yesterday. Mrs. J.

W. Baucrfeind is visiting her sister in ban Antonio, Mr. George W. MacDonucll is doing the day Jan Antonio. Miss Fannie Stowe of Brownwood.

is visiting Mrs. W. R. Moore of Fairview Park. Rev and Mrs.

T. B. Lee accompanied by Mrs. Pease and Miss Pease and Mr. Marshall and Miss Mary Palm leave today on a trip to Mexico.

Mr. F. A. Rusling, superintendent of the Rapid Transit railroad, left last night for Chit-ago on business. W.

II. Gleason of San Antonio is a guest at the Driskill. City Attorney IVndexter and wife went to San Antonio yesterday, William E. Wolff of New York was among the arrivals yesterday at the Driskill. Will Seariglit went to the Alamo city yesterday, Branch T.

Masterson of Galveston is in the city a guest at the Driskill. Mr. M. Burt and wife left yesterday for San Antonio. Col.

Tom Sneed went to San Antonio yesterday to see the battle of the roses. 1 W. II. Evans of Waeo is stopping at the Driskill. Mr.

and Mrs. Ed Byrne went to San Antonio yesterday. Tvion coffee per nound 20 cents at W. Walker's. Dr.

McVea. dentist over J. L. Vreden- burgh's Dr. Stoddard's old office.

Governor Culberson left for San Antonio last afternoon. Dr.M.L.Whlte.dentl.8th st.inder Ave hot. For "ice tea" got B. Walker's famous mixed tea at 25 cents per pound. I W.

G. Gordon and wife of Oorsieana who have been in the city several days leit ior ban Antonio yesterday. Dr. 8. 8.

Bhackleford.deDtlst.018 Av. Tel. 813. If you are going away for the summer you should 'have the Daily Statesman sent to your address. Keep posted about the things at home and you will enjoy your trip more.

Mrs. Anna J). Ilearne and daughtc accompanied by Miss Ethel iSeruggs left tor Lianas Jast afternoon. W. N.

Le ftuer, Oritlsl. 404 Congress Covert McCarty, real estate and in nrance, 714 Congress avenue. Colonel and Mrs. Ily Hutchings and Mrs. Eflie leave this morning for ban Antonio to witness the battlo of roses.

Dr. Simcock, dentist, C20 Congress ave. A. O. Watson, trchltect, 925 Congress v- Miss Mary Dignan has returned from the am Houston Normal institute.

Fresh pearl wliite meal per bushel CO cents at W. B. Walker's. tfpneral was able to be out bugiry-riding yestearday and his friends were glad to we him down town. Remember to try our famous mixed tea "for ice tea," at 25 cents per pound at W.

B. Walker's. Sam Allen of Houston is in the city Your attention is ci'icd to th "ch sugar bill' in tins issue. Remember that W. B.

alker will give 4tt pounds best granulated sugsr bo- si th 1 lie $1 Hon. J. M. Duncan of Tyler is in thi city. For Ben Har excursions this week see advertisement on first page.

City Electrician Seoville was unable to be out yesterday. 0 Elmer Amend" Prescription No. has cured thousands of cns-s of rheuma tism. sufferer should fail to give it a trial. V.

W. Preston agents, Gal veston, A ex. JUDGE BROOKS' COURT. lie case of It. C.

Collins vs. ltie Hous ton and Texas Central railroad was 011 trial yesterday before Judge Brooks. NOT A RUNAWAY. The marriage of Representative Ray and Murphy the other day was not a runaway marriage. They had to aieit the train and there was no time for cer emony so they drove to the ministers home and were marriisl while seatcl in the r-a Triage.

0 We advise our friends to go to Don Wil son's t.h cheapest dry gosls house io the of Ausrio. 0 Some time asro I was taken sick whb a cramp in the stomach, followed by diarrhoea. I took a couple of doses of Chamberlain's Colic, Cholera and Diar rhoea Remedy and was imrnediatiy re lieved. 1 consider St the best medicine in the market for all such complaints I have soJd the remedy to others and every one who usei it speak highly or it J. W.

Strickler, Valley Center, Cal. For sale by D. J. J. Tubin and all leading druggist.

0 Captain Sweeney. U. S. San Diego, says: "Shiloh's Catarrh Remedy is the first medicine I have ever found that won'd do me ny good." Price 50c. For sale by John II.

Chiles, druggist, Austin, Texas. DRES3 UP. You can do it at a small co-rt at the. Cap itol Clothing House. The S-hwab Cloth ing company are determined to sell the stfick by the 1st of July.

Remember 4he place, corner Congress Avenue and Pecan street, 0 see Scarbrouh Hicks' line tinted un derwear. It is the lat est. Ball. Hutchings ic Oo, vs. Presidio county, decided at present term.) The law does not impose upon the vendee -the duty of exercising 9uy diligence, unless and until he has knowledge of some imLt-ul, ju i the jury, to put a reanably prudent per-' son upon 1nm'ry.

In the absence of sum bum utr uas nitr iiiii iij ac- sume good faith on the part of the vendor. The charge quoted is at variance with these principles. It required the juryi it "might have known" of the fraudulent' intent of the vendor "by the exercise of ordinary diligence," although they niay have 'believed that it had no knowledge of such fraud, nor of any circumstance' nuuinfui, in uini vymiou, tu jjul a amal.1(r TvlMilonT nri.Ti irwvniif I (2) Alrtioug'h Jthe instruments relied on by defendants, as showing its title. were assailed by plaintiff for fraud in their execution, it 'Was the duty of the court to construe tucm ami to instruct me jury as to their legal effect, subject to their finding on the issue of fraud. The error of the court in submitting these instruments to the jury without inform-l ing them as to their legal effect nees- sarily tended to conifer and lead tneir minds away from the real issue; and the special charge asked for in this connection by defendants should have been given.

(3) The sole issue in this case was as to fraud in the conveyance of the rail road property, it having been previously decided that the claims of ShirWy against the land conveyed was barred by limita- tion. The defendant was therefore en titled to an instruction that fraud in the land transfer, if any, could only be looked to as a circumstance throwing light upon! the intent with which the railroad prop- erty was conveyed; and that fraud alone in the conveyance of the land could not affect defendant's title to the railroad, property. (4) are of the opinion that the evidence of plaintiff tending to show that there was no necessity for the sale; and that the bonds of the Waco and North western Railroad company could have been old for a sum sufficient to pay off its indebtedness to the Houston and Texas Central Railroad campany, was properly admitted; and in this connection it was not error to allow Shirley to testify as to the probable market value of such bonds, had they been In order to show such probable market value. every circumstance reasonably tending to foreshadow the destiny of the aco and Northwestern Railroad company as' business venture was admissible in evi dent-. U) But it was error to admit evidence of the market value of the bonds issued on the road after the sale and consolidation These were the (mnds of a different system, with a different (business and credit and were secured by the promise of th Houston and Texas Central iRailroai company to pay.

(oi ine judgment snouia nave tieen entered only for the principal of th claims, as directed on the last appeal with interest from date of the former judgment in the court below until paid. The judgment 1s reversed and thp cause remanded (Opinion by Denman, J. OLD PEOPLE. Old people who require medicine to ug-ulate the bowels and kidneyg will find the true remedy in Electric Bitters. This medicine does not stimulate and contains no whisky or other Intoxicant, but acta as a tonic and alterative.

It acta mildly on the stomach and bowels, adding strength and giving tone to the organs. thereby aiding nature in the performance we iuncuons. Electric timers is an excellent appetizer and aids digestion iieeu. rncs ou cents per Dome at tj. A.

Yates' drug store. OF GREAT INTEREST TO EDUCATORS. Is tne meeting of the National Eduea tional association in Denver, July 5th to 12th next. The committees hav- ing in charge the entertainment and housing of visiting teachers and their friends are sparing no effort to make this the most successful meeting in the history of the National Educational association. A great many teachers from Texas, accompanied by their friends, will be in attendance, com bining this important adjuct to their pro- lession witn an outing in THE AMERICAN ALPS wnere tne majestic mountain scenery, pure, sparkling water, fine air and splendid fishing and hunting will invigorate and recuperate the wasted energies Incident to a season's confinement to business, refreshming one to put new life into their work when again resumed.

To make this trip one of unalloyed pleasure it would be weu to bear in mind that THE FORT WORTH AND DENVER CITY RAILWAY is the shortest, quickest and best equipped line between Texas and Colorado and the only one operating throngh sleeper and chair cars (seats free). Most exquisite in appointment and specially adapted to sn aimer travel, giving en route one full day trough Colorado, passing in full view of Pike's Peak. EXCEEDINGLY LOW RATE3 will be made for this occasion. Special N. E.

A. train, of which due no-rice will be given, is one of the feature. Austin- to Inver with practically no change of cars. For full information and sleeper reservations call on or address, P. J.

LAWLESS, Agt. G. N. R'y, Austin. 'lexa.

V. mwaid, s. s. O'Connor 2b Douglass Xance c. r' (jiktatrit'k iD Totals Austin.

Ivernan, jj (jranPy jiD ('wna0 a.9 jj' cuir 'r Davis, c. By innings: 0 0 4 0 0 1 0 0 O-o Hits 2 04 fi oo Af. 'lllts 0 1000100 112 10 1 park at the dam tmlajr rL rejuvenated club play baU. hy. an4J a.9 tha dub 18 now ln hox Austin wi 1 winner.

Take the 4 clock dummy for the game. THE HIGH SCHOOL. Commencement Exorcises Tonight in Mil' let's Opera House. ine annual commencement exercises of the Auwtin high school will le held tonight in Millef't's opera house, when the following program will be carried out: Music Invocation, Rev. K.

B. Wright. Address: Mipt. A. S.

U. Harris. Muic ERsay; "The Power of Song," Emmy Jessen. Music Essay: "Shoes," Florence Mag-nenat. Music Recitation: "Ruggles Dinner Party," Lilla Donnan.

Music Essay: "Selenium," Louie Thompson. Musi. Essay: "National Flowers," Madilox. Muc Presentation of certificaites and diplomas by Judge James W. Smith, prcM-dent of the Iward of school trustees.

Mo sic. Certificates English and Minnie Estelle Noble; English history, mathematics and science. Miss Nannie Michel-son. Graduates William P. Brady, Calhoun M.

Brown. Miss Iiilla J. Donnan. Miss Emmy Jessen, William Moore, Miss Ye Maddox, Miss4 lorence George William Itolwrdeau, Ixuie Thompson, Julf Henri Tallichot, Miss Gertrude Walker. 0 MOTHER NATURE, EVER FRUIT-FLU In beneficieudes to mankind, has given birth to one which, developed by art, has been prodigal in health yielding benefits to the race.

No voyager, sea capiin, commercial traveler, or touriwt fXH-king pleasure and health should fnil to be self-provide! with this grand botanic restorative and preventive, Hosfeter's Stomach Bitters, which counteracts the efforts of malarious air and brackish water, unwholesome or unwonted diet, exposure, the fatigue of travel, ond the diiurlmnce of the Htomach caused by rough wejttlier at sea. and sometimes by railway traveling over a rough road Mariners, miners and western pioneer bear concurrent evidence to its defensive ond reparative influence. Chills and fever, rheumatism, inactivity of the kidneys, biliousness, dvsricosia and nervousness are nil relieved" by this incomparably fine a Iterative. irrer-tive and invigoniiit, which physi'-ians highly commend. NOTICE.

TV. nil rifirties who kindly tielp- oA nu in the wit of donations and other wise for the benefit of die German school, we r4urn our sincere thiink and gratitude. COMMITTEE. Sins of Herman. NATIONAL CORDAGE COM PA NY'S RWCKIV hdW.

New York. June 3. Justice Ingraham in the deriartment. teTm of the supreme court appointed John I. Waferbnry and W.

Strong re'eivrTs of the Na tional Cordage company under a bond $100,000. JUDGE MORRIS' COURT. The. cae of the First National bank against the Alamo insurance company was tried liefore Judge Morris yestcrdjy and taken under advis.inent. HOTEL ARRIVALS.

At the DrUkill Frnnk Andrew, city: A. E. WftMrse-lt. New lork; m. II.

San Antonrj; Jark iiarrnlton. ciy; Frank aiitx-' u. rr. iouis: n. Merchant, lma; .1.

innreii, i.oienian; W. Padgett, .1. .1. orchard. Chas.

T. Fetin, Ihillns; m. K. Wo! IT, Y'ork: G'o. r.

Oudy, hi'figo; II. T. Wheeer. fialveton: Branch Master- son. I lve ton: liaeston.

J.inns; Ivlwnrd J. r.ierne. Antonio; W. Duncan. Tyler, Texas; Geo.

Mac ion noli cirv: Aiet Natiuin. NVw York: j. F. Hovepvtrnmps nnd wife, port Worth; Wis S. Etiless.

Fort Worth; J. W. Snyder. Baltimore; MaT H. Ixnidon, St.

Ixmis; Wm. W. Evans, Waco. At the 'Avenue Mr. Miss Linden, Llaoo; O.

W. C. Lin-Jen, M. Watkins, J. RRflWN'S RTfiRY HP TFYA5 And offer them at red need rateP, ll'WI uu I VI ILAHU US lol.

Brown'a History of Texas, 2 I'ullishers' I'rii e. orrnr io no liDATJIKIt 2 oo MOU(XX I WJ it former day of this term and is now IxviOld people find it just exactly what they Jhe author is an old Texan, coming here before the revolution, and enjoying, the friendship of the leading rnen, civil and military, and a prominent actor in many incidents of the history. These exceptional advantages have been utilized! in collecting historical materials for the last half century, aud these volumes arw the result of this "labor of love." DISTINCTIVE MEH ITS OF THE WORK: Much new matter never before published. Fuller treatment of the Indian tribes and wars in Tesas, and American iron steamships, having the most superli rmtes incliidiiig meals ami berths) mueli sailinirs, immrihlets bii.1 full VM. AVELL.M Kit, Acent, Austin, vtn, or to asMenger Agent, Han Antonio.

Isforif, unsold of all of 11iavs: Jwp'l 8 rp. ti'51 and C01. Our J'rice. CLOTH LKAT11KR MOUOOJO $3 0f 4 5 00 and of all events since annexation. BOOK TEXAS.

Tins a The Provisional Government of IKio-G GAM EL AUSTIN, re the court on a motion ior a renear- ng. The petition, after alleging the facts oust it tine the cause of action, alleged in -ubstanee that the work was done and ma- i. v. erials made ry me suuuusswu jt.nu iff of a written proposition which was ac- epted bv defendant by means of a tele- -ram. ne written ged to le in the possession or oeienoaiir.

The question is. was plaintiff required file and have recorded a contract of vhich he had possession of only a part Ve are of the opinion that he was not. -Vithin the meaning of the law the plain-iff did not "have" a written contract, md he was entitled to fix th lien by filing he account in the mode allegel. The listrict court erred in sustaining excep-ions to plaintiffs first amended petition. well as to hi trial amendments; and he court of civil appeals erred in su aining the ruling of the trial court.

The district court rendered judgment in avor of Slififcr Braden and also in jvnr of the I 'ond Eneinwring company. oreclosing liens npon the property, and complaint is here made as to this por-ion if the judguifnt. and upon of the record we will set aide the judgment and enter judgment as ereaffer tated. For the errors above noted in the judg-ient of the district court and in that of rie court of civl appeal the judgments both courts are reversed and the cause rem.mitcd as to the plaintiff in error nd affirmed a to the defendants. Shafer Braden.

and the Pond Engineering impany, with the dirwtion that exe-urion in favor of the latter parties be impended until the determination of the ise a to the rights of the plaintiff in Tor. so f.tr as may lie necessary insecure .4 right of equal distribution of the prowls. Opinion by Brown, J. Ilons'on and impany et al. nit for debt.

Tex Central Biilroad vs. Thomas M. Shirley, from i.McLenn.m This is 'he fourth time bird district. lit this Paw oen oeii- vm pruii, mww.a r.r.init.ni l.i,icr in i i Harrison Bios', Bead) Mixed Paint Collier's Strictly Pure While LearJ. BeslsMost Lasting Result We are Headquarters.

Gives and Texan. The pleidings'E. A. HITISUFIELD, T. P.

Fort lve not -bn amend.nl sine, the rendi-J tfr w. -n of the Iat oj-inion r-mandir the D. B. KELLLR, G. P.

Fort Worth, ltise 'Iwith instructions to the court Texas, -low to try the iwie whether th sale' 0 the Waco and Northwestern railroad: Ilotuft wirin. We do it and do it right, ade to the Houston and Texas Ontral Caywood At Jakson, 503 Congress Ave. Water.