Clifton v. Lilley
Texas Supreme Court
Appeal from Titus. Suit was brought at the Spring Term, A. D., 1850, of the District Court of Titus County, by Thomas B. Lilley as guardian of Isham P., Margaret E., ¡Noel J., Mary A., Hugh L. W. and Washington Cherry, against George Clifton, to recover a certain slave, named Jane, of the value of seven hundred dollars, alleged to be the property of plaintiff’s wards.
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Appeal from Titus. Suit was brought at the Spring Term, A. D., 1850, of the District Court of Titus County, by Thomas B. Lilley as guardian of Isham P., Margaret E., ¡Noel J., Mary A., Hugh L. W. and Washington Cherry, against George Clifton, to recover a certain slave, named Jane, of the value of seven hundred dollars, alleged to be the property of plaintiff’s wards. The plaintiff alleged that he was the guardian of the persons and property of said wards, duly appointed by the Probate Court of Titus county; that they were all minors; that on the 23rd day of January, A. D., 1833, in Hardin…
1Opinion of the CourtWheeler, J.
The errors assigned which are deemed to require notice, are the rulings of the Court. 1st. In admitting the Clerk’s certificate of the appointment of the plaintiff as guardian, as evidence of his representative character; 2nd. In admitting parol evidence of the contents of the deed of gift from the ancestor of the plaintiff’s wards; 3d. In the charge to the jury in relation to the statute of limitations.
To the first of these objections it must be answered that there was no plea putting in issue the plaintiff’s representative character; and it was not necessary, therefore, on his part, to…
2Cited by6 opinions
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- Walker v. PittmanCourt of Appeals of Texas · 1898
- Commercial Standard Ins. Co. v. E. P. McKnight Chevrolet Co.Court of Appeals of Texas · 1931
- Berthlett, Jones & Co. v. FolsomTexas Supreme Court · 1858
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