Munson v. Hallowell
Texas Supreme Court
Appeals from Galveston. Tried below before the Hon. P. W. Gray. ^ ^ ^ These suits were brought to the Spring Term, 1854, of the District Court J>f Brazoria county, by appellee against the appellants, for the recovery of certain slaves. The venue was changed to Galveston. The plaintiffs claimed the slaves in controversy as the heirs of Charlotte McCoy, deceased.
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Appeals from Galveston. Tried below before the Hon. P. W. Gray. ^ ^ ^ These suits were brought to the Spring Term, 1854, of the District Court J>f Brazoria county, by appellee against the appellants, for the recovery of certain slaves. The venue was changed to Galveston. The plaintiffs claimed the slaves in controversy as the heirs of Charlotte McCoy, deceased. The defendants pleaded the statute of limitations, to which the plaintiffs replied coverture and infancy, and further relied upon the allegations that the slaves had been fraudulently removed from the State of Arkansas, in 1845, by one…
1Opinion of the CourtMoore, J.
The only material question in these cases for our consideration, grows out of the qualification given by the court to the charge upon the statute of limitation, which is as follows: “But if any of them had been of age, or married more than two years, then such of them would be barred, and you will find for the defendants as to thorn, unless from the evidence you believe that, while the plaintiffs were minors, the slaves were fraudulently run off and concealed, or so disposed of that they could not be found with diligent inquiry or search within two years before suit, in which event you will…
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