Page:Federal Reporter, 1st Series, Volume 4.djvu/810

 796 fbdeeaIj bepoeteb. �may be considered in conimg at the measure oî damages. If plaintiffs captiously refuse to receive water in a way which may be as useful to them as if it should be brought from the river through their own race, the jury will know what esti- mate to put upon their conduct. If defendant, by shutting ofF the water entirely, J)reTents the flow to plaintiffs' mill, the jury wiU be equally preparëd to redress the wrong. And, when the rights of the parties have been determiued at law, if either party shall persist in flagrant violation of such adjustment, equity may come to the relief of the other, with a better understanding of what needs to be done, This injunction will be dissolved, but the bill may stand if plain- tiffs conçoive that it may be of use to them hereafter. ���Adams and others v. Teebbll. {Circuit Court, W. D. Texas. November 20, 1S80.) �1. BANKRtîPTCT — JuEiSDiCTioir. — The proceedings in a bankruptcy court �caa be collaterally attacked upon questions of jurisdictiou. �2. Bame — Samb — Deceased ï*artneu. — A banliruptcy court cannot �acquire jurisdiction over the individual estate of a deceaaed partner by proceedings in bankruptcy. �3. Same^-Saïie — Saxe.-— Eeld, therefore, that a purchaser could not �acquire a valid title to the individual real estate of a deceased partner under subsequent proceedings in bankruptcy, although tiie liriu busi- ness had been continued by the executors of the decedent in the absence of the surviving partner, and no action had been taken upon the decedent's estate, othei than to record his will and file an invea- tory. �Trespass. �This was an action of trespass to try title, and was sub- mitted to the court upon an agreed statement of facts. �The plaintiffs and the defendant both claimed title to the lands in controversy under one Enoch Jones, deceased; the plaintiffs as his heirs at law, and the defendant as purchaser at a sale made by the order of the district court for the west- ern district of Texas, sitting in bankruptcy. ����