Bradshaw v. Mayfield
Texas Supreme Court
Appeal from Ellis. Tried below before the Hon. Nat. M. Burford. This was a suit brought by Robert F. Mayfield, as administrator of the estate of Sutherland Mayfield, deceased, against Amzi Bradshaw, administrator of the estate of Sarah Mayfield, for the recovery of a slave, named Randle, and also for his hire; alleging, that the estate of the said Robert F. Mayfield owned the slave; that the defendant took possession of him on the 9th day of September, 1854, and had retained…
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Appeal from Ellis. Tried below before the Hon. Nat. M. Burford. This was a suit brought by Robert F. Mayfield, as administrator of the estate of Sutherland Mayfield, deceased, against Amzi Bradshaw, administrator of the estate of Sarah Mayfield, for the recovery of a slave, named Randle, and also for his hire; alleging, that the estate of the said Robert F. Mayfield owned the slave; that the defendant took possession of him on the 9th day of September, 1854, and had retained it ever since. The petition was filed in December, 1854. The defence of the statute of limitations, was set up by the…
1Opinion of the CourtBell, J.
It is assigned as error by the appellant, that the court submitted a question of law to the jury, and also that the verdict is insufficient to support the judgment. The second instruction given by the court to the jury, is as follows: “ If the jury believe that the defendant’s cestui que trust, or beneficiary, held notorious adverse possession of the boy, Randle, in controversy, for a term of more than two years, they will find for the defendant, provided the statute of limitation is pleaded in defendant’s answer.” The judge then proceeded further to say, “ that in order to authorize a party…
2Cases cited1 opinion
- Bradshaw v. MayfieldTexas Supreme Court · 1856
3Cited by3 opinions
- Woodward Iron Co. v. CurlSupreme Court of Alabama · 1907
- West Chicago St. R. R. v. KautzAppellate Court of Illinois · 1900
- Houston Electric Co. v. NelsonCourt of Appeals of Texas · 1903