Page:Federal Reporter, 1st Series, Volume 10.djvu/729

 yOUNG V. DUNN. 717 �juries; bis ability to earn a living since the receiving of the injury in question as compared with his ability before that time; his pain and suSering, both mental and pbysical. There ia no testimony as to any expanses for surgeon' s services bere, and therefore you will not take them into consideration ; but, upon all the testimony before you, if you find for the plaintiff, you will find in such a sum as you shall think reasonable and proper. �Then followed directions as to the forma of the verdict and special findings, and request to the jury to canvass one artother's views thor- oughly. ���YouNG and others v. Donn and others.* �(Circuit Court, E. D. Texas. February, 1882.) �1. TiTi/E— Ejectment. �In cases of ejectment plaintiff must recover on the strength of hig own title, and that title muat be a legal one. An equitable title will not suffice to main- tain ejectment in this court, though it may in the courts of the state under the proceedings authorized by the state statutea. �Sheirburn v. De Cordova, 24 How. 423. �2. Paktnekship ih Lajstds. �The holder by conveyance or bequest of one partner's share in the lands of a partnership cannot maintain ejectment for it ; his remedy is in equity. Clagett v. EUbume, 1 Black, 246. �3. BSTOPPEI,. �The declaration of a stranger cannot operate as an estoppel upon the de- fendant. �Lyle e Thomas, for plaintiffs. �Mr. Walton, for defendant Dunu. �Paedee, g. J. Plaintififs, as devisees by last will and testament of S. G. Golville, bring this suit against Mary H. uunn and the Hous- ton & Texas Central Railroad Gompany to recover the undivided half of certain 320 acres near Dennison, in this state. Defendant Mary H. Dunn bas pleaded not guilty, but the railroad company does not appear to have pleaded at all, though counsel assents that a general deniai bas been entered for the Company. But of this hereafter. De- fendant Dunn has also pleaded adverse possession, and the statute of limitations of three, five, and ten years, and has also entered claim for improvements. Plaintiff and defendant Dunn have filed a stipulation waiving a jury, and the case has been tried by the �*Reported by Joseph P. Hornor, Esq., of the New Orleans bar. ��� �