Baily v. Trammell
Texas Supreme Court
Error and appeal from Gonzales. Tried below before the Hon. Fielding Jones. Amanda J. Trammell, the appellee, and Jarret Trammell, her husband, on the 8th day of April, 1858, instituted proceedings in the District Court of Gonzales county, against J. W. E. Wallace', for the recovery of a slave named Stephen, or his reasonable value, which they alleged was fifteen hundred dollars.
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Error and appeal from Gonzales. Tried below before the Hon. Fielding Jones. Amanda J. Trammell, the appellee, and Jarret Trammell, her husband, on the 8th day of April, 1858, instituted proceedings in the District Court of Gonzales county, against J. W. E. Wallace', for the recovery of a slave named Stephen, or his reasonable value, which they alleged was fifteen hundred dollars. They alleged that Amanda J., in the year A. D. 18—, intermarried with one Nicholas Trammell, who died in 1858, leaving the said Amanda J. his widow and only surviving heir; that Nicholas died seized and possessed of…
1Opinion of the CourtMoore, J.
In view of the facts disclosed by the record in this case, it cannot be said that the court erred in excluding the parol testimony of the contents of the assignment, alleged to have been made by Jarret and Amanda J. Trammell to Henry Trammell. There was no necessity for the defendants making Henry Trammell a party to the suit. Their defence could have been urged as effectually without, as by joining him. There was no better reason presented for making him a party in this case, than exists in every other in which the defendant charges that the title asserted by the plaintiff is in a third…
2Cited by17 opinions
- Stiles v. HawkinsTexas Commission of Appeals · 1918
- Smock v. FischelTexas Supreme Court · 1948
- Stevens v. LeeTexas Supreme Court · 1888
- Le Vasseur v. RoullmanMontana Supreme Court · 1933
- Zachry v. Robertson Dba.Texas Supreme Court · 1948
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