Akin v. Jefferson

Citations

• 65 Tex. 137
• 1885 Tex. LEXIS 327

Syllabus

<p>1. Verdict—Judgment—Variance—Interest.—In rendering judgment upon facts found by the jury, the court cannot add a fact not included in the verdict, as interest on the sum found, where interest did not follow as an incident, even though the uncontradicted testimony showed the fact so found by the court.</p> <p>2. Same.—The verdict must constitute the basis of the judgment, and the court must look to it alone. The judgment is the conclusion of law upon the facts of the case as found by the verdict. (Claiborne v. Tanner, 18 Tex., 68.)</p> <p>3. Same.—Interest is not such a legal incident to a sum, found by a jury to be due plaintiff from defendant as the proceeds of a crop, that the court can add it to the principal in its judgment, without a finding of the jury.</p> <p>4. Community property—Survivor—Use.—In some cases a survivor may be liable for the use of stock belonging to the community estate, but when it is not averred that he improperly cared for or overworked the animals in any way, or that he hired them out, or should have hired them out or sold them, or that plaintiffs (the other heirs) demanded a division of the stock, the survivor is not liable.</p> <p>5. Same.—If there are no debts, it is the survivor’s duty to take care of the community stock for the owners, and while doing this, if he makes only such use of them as would not damage their value, he is not liable for the value of their hire. A reasonable use is an incident of his possession as owner in common.</p> <p>6. Same—Suit.—After the institution of a suit by the other heirs, claiming the value of the animals’ use, and demanding partition, the survivor thenceforth becomes liable for the value of their hire.</p> <p>7. Community—Exemption—Distribution.—Pas. Dig. of Laws of Tex., art. 5487, does not prevent exempt property from being finally distributed, or being taken into account under the law of descent and distribution.</p> <p>8. Community—Survivor—Tenants’ rents and profits in common—Authorities