Peactice—New Tbial—Notice of Motion—Order Extending Turn.—The time named in an order extending the time to give notice of intention to move for a new trial commences to run at the expiration of the ten days allowed by statute for the notice.

Id.—Judgment Roll—Inteblocutory Judgment—Partition.—The Code of Civil Procedure does not provide for a judgment roll until final judgment has been entered; and hence an appeal from an interlocutory judgment in a suit ' for partition will not be dismissed because the entire judgment roll is not brought up.

Id.—Appeal—Bill of Exceptions.—An appeal from an order denying a new trial, in the case of an interlocutory judgment in partition, must be brought up on a statement, or bill of exceptions, or affidavits, as in other cases where a motion for a new trial is made and denied.

Testamentary Executor—Translation.—The words “testamentary executor” are a correct translation of the Spanish word dibacea.

Mexican Law—Grant.— Under the Mexican law an heh1—heredero—could be instituted by will. And where in the proceedings to obtain a grant of land a Mexican governor decrees that a certain deceased testator was the lawful owner of a tract of land, and by his demise his successors—herederos—are the lawful owners, and orders that a deed be made out and delivered to the testamentary executor for the ends required, a grant subsequently issued to such successors—herederos—inures to the benefit of the successors appointed by the will of the testator.

Evidenoe—Immaterial Ebkob.—A judgment will not be reversed for the erroneous admission of a document when it is evident that the document could work no injury to any party to the action.

Id. — Construction of Will—Inheritance. — Under the Mexican law, where a father dies, having devised his estate to his wife and children in certain proportions, and after his death certain of the children die intestate, the interests of the children vest in the mother as the nearest ascendant, and not in the brothers and sisters.

Binding—Conflicting Evidence.—A finding on a material issue will not be disturbed on appeal when the evidence upon ivhich the finding is based was conflicting.

Conveyance —Deed Inter Partes. — By the terms of a deed of partition in which a number of tenants in common were named as parties, each party conveyed his interest in the entire premises to the others, in consideration of a conveyance to him by the others of a certain specified portion. The deed was not signed by all of the parties named in it. Held, that the deed was inoperative, and the attempted partition null and void.

Partition by Agreement.'—Partition of a Mexican grant, the boundary of which had not been fixed by the United States, made in accordance with a written agreement for partition, is void, when a larger tract was included in the partition than in the approved survey subsequently establishing the boundary.

Contract to .Convey—Consideration.—An agreement by which one party agrees to convey lands to another in consideration of the rendition of certain services, gives no right to such lands until the services have been rendered.

Estoppel—Conveyance—Equity. — A party who accepts a conveyance of an undivided interest in a tract of land, which in terms declares that it is in lieu of a previous deed conveying specific portions of the land by metes and hounds, is estopped from claiming under the previous deed. In equity he is divested of his former title.

Judgment'—Costs.—Under the provisions of the Practice Act of 1851, a judgment for costs, the amount of which was inserted by the clerk after the entry of the judgment, was void. Ho title passes to tlio. purchaser of land sold upon execution under such a judgment.

Evidence—Petition for Confirmation of Mexican Grant.—The petition of an executor to the board of land commissioners for confirmation of his testator's claim to lands under a Mexican grant is admissible in evidence in connection with a copy of the will, the opinion of the board confirming the claim, and the decree of confirmation.

Id.—Deed of Trustee.—A deed by a trustee of lands purporting to convey the legal title to the various parties in interest, in the proportion of their several shares, is admissible in evidence. The legal effect of the evidence is a matter for subsequent consideration by the court.

Judgment Roll — Petition for Appointment’of Guardian Ad Litem. — Neither the petition for the appointment of a guardian ad litem of a minor, nor the order of appointment would form part of the judgment roll in an action for partition, when the roll is finally made up, and will not be reviewed on an appeal from an interlocutory judgment alone.

Guardian ad Litem.—Appointment.—The appointment of a guardian ad litem may he made on an application ore tenus, in open court, although it would be better practice to file a petition alleging the facts requisite to show the jurisdiction of the court.

Practice—Parties—Minors.—In partition it is not necessary to issue or serve a summons to bring in infant defendants wlio become necessary parties during the pendency of the.suit as successors of deceased defendants. They may be brought in and the case continued against them by motion and order of court.

Id. — Presumption.—Service of Summons.—To sustain the judgment of the court below, the appellate court will presume, until the contrary be made to appear, that minor defendants who were non-residents of the State at the commencement of the action, and who were served with summons by publication, were over the age of fourteen years, and that no service of the summons or complaint upon the parents or persons having them in charge was required.

Id.—Appearance__Where minor defendants have been served with summons and have answered by their general guardian or guardian ad litem, the court will assume, when the record is silent, that the appointment of the guardian was regularly made.

Id.—Practice—Irregularity.—An appearance for a minor defendant by guardian ad litem, without the authority of an order of the court, is an irregularity, which may be objected to by a motion to strike out the answer. If the motion be denied, a bill of exceptions may be taken, or the objection may be raised by affidavits on motion for a new trial, under section 658 of the Code of Civil Procedure. The irregularity does not render the judgment void.

Findings—Conclusions of Law.—Findings of a court should state separately the facts found, and the conclusions of law. The facts should be found specially and unmixed with the law, so that it may be seen that the conclusions of law are a necessary deduction from the facts.

Id,—Tax Deed__A finding that there was no tax assessment or tax levy upon certain property for a particular fiscal year is not a finding of facts upon which the appellate court can determine the validity of a paper purporting to be a tax deed.

Adverse Possession—Evidence. — On appeal the court will not consider the sufficiency of evidence relied on to sustain a finding as to the character of an adverse possession, when it clearly appears that the possession could not have continued for a sufficient length of time to constitute a defense under the Statute of Limitations.

Partition—Interlocutory Decree—Original Co-tenants—Title—Befebees. —In an action for partition only one interlocutory decree or judgment is provided for by the Code of Civil Procedure. Under section 760 the court may, as preliminary and ancillary to the judgment, and as an aid in reaching it, ascertain and determine the shares and interests respectively held by the original co-tenants, and cause a partition to be made as if such original co-tenants were the sole parties in interest. It must then proceed to adjudge and determine the share or portion of each party to the cause. An interlocutory decree or judgment may then be made and entered, which shall adjudge and clearly set forth the rights and shares of each of the parties to the action. These shares must he so specified and declared in the decree, that the referees who may be appointed to make the partition may divide and allot the several portions to each of the parties without having to determine any question of title. All such questions must be determined by the court.

Construction of Code—Conflicting Provisions.—The different sections of a chapter in any one of the Codes must be so construed as to reconcile all apparent conflicts, and if there are conflicting provisions in the different sections of a chapter, the provisions of the section last in numerical order must prevail, unless such construction is inconsistent with the meaning of the chapter. Judgment—Exhibits. — Where a map or other paper is referred to in a judgment, it should be identified by the judgment and made part of it. It should not be referred to as a paper recorded elsewhere.

Appeal—Order Appointing Beceiver.—An order appointing a receiver in an action for partition is not an appealable order.