The Texas Reports; Cases Adjudged in the Supreme Court ... Volume 19

The Texas Reports; Cases Adjudged in the Supreme Court ... Volume 19

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1858 edition. Excerpt: ...and by means which does not divest the latter of his title, and ought not, on principle, to deprive him of his remedy. We conclude that the plaintiff has stated a case which entitled him to his action to recover back his property or its value; and that the Court erred in dismissing the petition. The judgment is therefore reversed and the cause remanded. Where the charge of the Court submits issues to the jury, which are not raised by the pleadings or evidence, and it is not clear that the jury were not misled thereby, the judgment will be reversed. Whether the administrator of a fraudulent vendor, representing creditors, can impeach the deed or conveyance of his intestate, on the ground that it was fraudulent as to creditors, under any circumstances, it is not necessary to inquire. Appeal from Rusk. Tried below before the Hon. William W. Morris. Suit by appellee, administrator of Robert Woodall, against John Woodall, to recover a slave named Moses. An amended petition alleged that the estate of said Robert Woodall, deceased, is largely indebted to James A. S. Parsons and many other persons residing in the States of Texas and Arkansas, insomuch that the same is wholly insuflicient to pay them, and will be hopelessly insolvent without said negro slave Moses shall be adjudged to belong to said estate, and be held as assets in his hands to pay said debts. And plaintiif also alleges that many if not all of said debts were contracted by the said Robert Woodall in his life-time upon the faith of said negro man Moses, those persons who credietd him believing said slave to be the property of the said Robert, for which belief they had good grounds. Defendant denied all and singular, and alleged that the slave washis own property. It was proved by...show more

Product details

  • Paperback | 194 pages
  • 189 x 246 x 10mm | 354g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236814576
  • 9781236814579