White v. Graves
Texas Supreme Court
Appeal from Washington. Suit by the appellee, administrator of Neibling, commenced September 12th, 1853, against the appellant, to revive a judgment recovered by Neibling on the 7th May, 1845, in the District Court, against the defendant and Josiah J. Crosby, since deceased.
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Appeal from Washington. Suit by the appellee, administrator of Neibling, commenced September 12th, 1853, against the appellant, to revive a judgment recovered by Neibling on the 7th May, 1845, in the District Court, against the defendant and Josiah J. Crosby, since deceased. The facts proved were: the judgment against Crosby, and this defendant as his surety, as alleged; execution, Januaiy 8th, 1846, levied on two hundred acres as the property of Crosby, and sold for $20; March 16th, 1846, same execution levied on thirty-six acres of land out of Andrew Miller's league of land, &e., describing…
1Opinion of the CourtWheeler, J.
The ground mainly relied on for a reversal of the judgment is, the refusal of the Court to give the second instruction asked by the defendant. But, in this, we are of opinion there was no error, for the reason that the instruction asked was not warranted by the evidence. The proofs in the case did not, in our deductions, warrant the opinions of fact, which the instruction asked the Court to assume as proved ; that is, that the plaintiff in execution “ by long indulgence of “ the defendant Crosby, permitted the execution to be held up “ for an unreasonable length of time,” &c. There are…
2Cited by6 opinions
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- Heilbroner v. DouglassTexas Supreme Court · 1876
- Cornelius v. BurfordTexas Supreme Court · 1866
- Cavanaugh v. PetersonTexas Supreme Court · 1877
- Taylor v. FelderCourt of Appeals of Texas · 1893
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