from an order of the county court of Waller county, made in the administration of the estate of William Milo, deceased, on the ground that the appeal bond was not filed within 15 days from the entry of the order appealed from. This question was certified by us to the supreme court, and was answered by that court in the negative. See Milo v. Nuske, 66 S. W. 544, 4 Tex. Ct. Rep. 113. In accordance with the opinion of the supreme court, the judgment of the court below will be affirmed, and it is so ordered. Affirmed. STROUD v. HAWKINS et al.1 (Court of Civil Appeals of Texas. Feb. 1, 1902.) Appeal from district court, Hill county; Wm. Poindexter, Judge. Action of trespass to try title by T. M. Stroud against T. G. Hawkins and others. From a judgment for defendants, plaintiff appeals. Affirmed. B. T. Jones, Clark & Bollinger, and Vaughan, Works & Clarke, for appellant. A. P. McKinnon, L. A. Carlton, and Wear, Morrow & Smithdeal, for appellees. TEMPLETON, J. This is a companion case to that of Stroud v. Hawkins (decided to-day) 67 S. W. 534. The two cases are so nearly similar as to render a discussion of the questions raised herein unnecessary. We adopt the conclusions of fact and findings of law filed by the trial judge. We think that the judgment should be affirmed, and it is so ordered. Affirmed. TINSLEY et al. v. DANSBY.2 (Court of Civil Appeals of Texas. Feb. 1, 1902.) Appeal from district court, Bosque county; Wm. Poindexter, Judge. Action by Thomas Tinsley and others against Jonathan Dansby and others. From a judgment in favor of defendant, plaintiffs appeal. Affirmed. S. H. Lumpkin and N. J. Wade, for appellants. O. L. Lockett and Wm. M. Knight, for appellee. HUNTER, J. This suit of trespass to try title was filed in the district court of Bosque county on the 26th day of September, 1881, by Thomas Tinsley against Jonathan Dansby, Amanda Jacobs, and her husband, Perry Jacobs, to recover an undivided interest of 195 acres in the Jothan C. Bullock survey of onethird of a league of land, consisting of 1,476 acres, located on Hogg creek, in Bosque county, Tex. Amanda Jacobs, as heir of Jonathan C. Bullock, joined by her husband, filed a cross petition against the defendant Dansby, and claimed as such heir an undivided interest of 225 acres in the said survey, and joined in the prayer of plaintiff to recover from Dansby 1 Writ of error denied by supreme court March 20, 1902. 2 Rehearing denied March 15, 1902. and for partition. Dansby pleaded not guilty, three and five years' statute of limitation, and suggestions of improvements made in good faith. The case was tried first in 1890, and resulted in a verdict and judgment for the defendant Dansby, from which an appeal was taken to this court where it was reversed in 1893 because the verdict was against the evidence as then contained in the record, but the case was not reported. It was again tried on the day of -, 1901, upon much more testimony taken by defendant after the reversal of his judgment here, and again resulted in a verdict and judgment for Dansby, and the plaintiff and cross petitioners have again appealed. The able counsel for appellants state in their brief that "the main, if not the sole, issue in this case, is the identity of the Bullock to whom was granted the certificate No. 569 in 1838, and approved by the land board in 1840, on which the patent was issued to the land in controversy.' The appellants contend that the certificate was issued to "Jonathan" C. Bullock, a married man who left his family in Rutherford county, Tenn., in 1833 or 1834, and settled in Texas, in order to acquire lands for them, who was the father of Amanda Jacobs and of Tinsley's vendor; that the erasure of the letters "na" in the name of "Jonathan," by running a pen two or three times through them, so as to make the name "Jothan" was done after the certificate was issued and delivered, and was unauthorized; that while the land was located in 1845, and patented in 1846, in the name of Jothan C. Bullock, the equitable title thereof remained in Jonathan C. Bullock. The appellee contends that the certificate was issued to "Jotham" C. Bullock, who emigrated to Texas from Rhehobath, Mass., on the 30th day of September, 1834, landing on Matagorda Bay, Tex., on the 30th day of October, 1834, and that the clerk who wrote the certificate wrote his name "Jonathan" by mistake, and before it was signed and delivered changed it, upon being informed of his error, by running his pen through the letters "na" thereby intending to make it conform to the grantee's true name, but by oversight of both the final "n" was allowed to remain as originally written, instead of being changed to "m." We conclude, from the evidence contained in the record, in reference to the verdict of the jury, that the certificate, No. 569, by virtue of which the land in controversy was located and patented, was issued to Jotham C. Bullock, who emigrated to Texas as a single man on the 30th day of October, 1834, from Rhehobath, Mass., and that the evidence sustains the jury in so finding, and that the plaintiffs are therefore not entitled to recover herein. We have examined all the assignments of error, and overrule them as being without merit; and, finding no error in the judgment, it is affirmed. END OF CASES IN VOL. 67. INDEX. ABANDONMENT. Of particular persons or personal relations. Of particular species of property or rights. Of homestead, see "Homestead." § 3. ABATEMENT AND REVIVAL. Judgment as bar to another action, see "Judg- ABUTTING OWNERS. Assessments for expenses of public improve- Rights in streets in cities, see "Municipal Cor- ACCEPTANCE. of goods sold in general, see "Sales," § 4. ACCESSORIES. Right of action by or against personal repre- 1. Death of party and revival of ac- § 3. ACCIDENT. Rev. St. art. 1246, relating to the abatement Cause of death, see "Death," § 1. 2. Waiver of grounds of abatement ACCOMPLICES. Criminal responsibility, see "Criminal Law," ACCORD AND SATISFACTION. Defendants held to have waived objections, ABDUCTION. See "Seduction." ABETTORS. Criminal responsibility, see "Criminal Law," ABORTION. On a prosecution for an attempt to procure On a prosecution for an attempt to procure On a prosecution for an attempt to procure V. On a prosecution for an attempt to procure ABSTRACTS. ment." ACCOUNT. Accounting between partners, see "Partner- Accounting by executor or administrator, see ACCRUAL. Of right of action, see "Limitation of Actions," ACKNOWLEDGMENT. Of wife to deed of separate property, see "Hus- Operation and effect of admissions as evidence, 1. Taking and certificate. A deed of trust acknowledged before the ACTION. Abatement, see "Abatement and Revival." Commencement within period of limitation, see Counterclaim, see "Set-Off and Counterclaim." Of record on appeal or writ of error, see "Ap- Limitation by statute, see "Limitation of Ac- $ 1. Establishment of will, see "Wills," § 3. Malicious actions, see "Malicious Prosecution." | Establishment of boundaries, see "Boundaries.” Co-tenants, see "Partition." § 2. Actions by or against particular classes of See "Beneficial Associations"; "Carriers," $$ Banks, see "Banks and Banking," § 1. Trustees in bankruptcy, see 'Bankruptcy," § 2. Particular causes or grounds of action. Breach of covenant, see "Covenants," § 1. Reformation of written instrument, see "Ref- Particular proceedings in actions. see See "Continuance"; "Costs"; "Damages": "Jury"; "Limitation of Actions"; "Parties"; Default. see "Judgment." § 2. Notice of action, see "Process." § 2. Particular remedies in or incident to actions. See "Attachment"; "Garnishment"; "Injune- Proceedings in exercise of special jurisdic...ons. Criminal prosecutions," see “Criminal Law.” ADEMPTION. Breach of tax collector's bond, see "Taxation," Of legacy, see "Wills," § 5. Civil damages for sale of liquors, see "Intoxi- cating Liquors," § 5. ADJOINING LANDOWNERS. Enforcement of vendor's lien, see "Vendor and See "Boundaries." Family necessaries, see "Husband and Wife," Injuries from falling of toll gate, see "Turn- Personal injuries, see "Carriers," $8 32, 4: ADJUDICATION. Operation and effect of former adjudication. ADJUSTMENT. Pollution of stream, see "Waters and Water Of loss within insurance policy, see "Insur- Price of goods, see "Sales," § 5. Recovery of land sold by vendor, see "Ven- dor and Purchaser," § 5. Recovery of payment, see "Payment," § 2. Recovery of usurious interest, see "Usury," § 1. and Labor." Wages, see "Master and Servant," § 1. Particular forms of action. See "Ejectment"; "Replevin"; "Trespass," & Particular forms of special relief. ance, § 8. As evidence in civil actions, see "Evidence.” See "Divorce"; "Injunction"; "Partition," § 2; As evidence in criminal prosecutions, see "Crim- Alimony, see "Divorce," § 3. ADVERSE CLAIM. Cancellation of written instrument, see "Can- To real property, see "Quieting Title." cellation of Instruments.' Construction of will, see "Wills," § 4. Dissolution of partnership, see "Partnership," Enforcement or foreclosure of lien, see "Me- ADVERSE POSSESSION. See "Easements," § 1; "Limitation of Actions." 1. Nature and requisites. Grantor in deed held not to have acquired of portion of tract conveyed.-Woods v. Texas AIDERS AND ABETTORS. Criminal responsibility, see "Criminal Law," ALIMONY. Where plaintiff's husband, acting under a The payment of taxes on vacant lands by ALLOWANCE. Of appeal or writ of error, see "Appeal and Of claim against estate of ward, see "Guard- ALTERATION. A finding that possession of land was under 916. In trespass to try title, facts held to entitle In trespass to try title, a judgment by limita- Where, in trespass to try title, the only pos- § 2. Pleading, evidence, trial, and re- The pleading and evidence in an action of ADVERTISEMENT. Publication of process, see "Process," § 2. AFFIDAVITS. In replevin, see "Replevin." § 1. Verification of pleading, see "Pleading," § 3. AGENCY. See "Principal and Agent." AGGRAVATED ASSAULT. See "Assault and Battery," § 1. AGREEMENT. See "Contracts." AGRICULTURE. Property in crops, see "Crops." AMENDMENT. Of judgment, see "Judgment," § 5. AMOUNT IN CONTROVERSY. Jurisdictional amount, see "Appeal and Er- ANIMALS. Carriage of live stock, see "Carriers," § 2. Where fields of different proprietors are un- A recorded cattle brand, designating the judge in obedience to a prior order of the com- Under a city charter, held, that an election or- Persons to whom land has been conveyed to A description of an election district to deter- ANNULMENT. Of will, see "Wills," § 3. APPEAL AND ERROR. See "Exceptions, Bill of"; "New Trial." Costs, see "Costs," § 4. Review of proceedings of justices of the peace, |