McKay v. Treadwell
Texas Supreme Court
Appeal from Navarro. In 1849 Stoltes, as sheriff of Navarro county, levied upon a lot of cattle, under an execution in favor of Treadwell against one Tilomas Wright.
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Appeal from Navarro. In 1849 Stoltes, as sheriff of Navarro county, levied upon a lot of cattle, under an execution in favor of Treadwell against one Tilomas Wright. In 1850 McKay and wife brought this action against Tread-well ami Stokes for the wrongful taking of said cattle, averring that they belonged to tlie wife by virtue of a bill of sale from said Wright to her, then Maria Wright, dated February 20th, 1841. The defendants answered, acknowledging the taking of tlie cattle, and justifying tlie same on tlie ground that there was no such sale, or if there was, it was fraudulent and void,…
1Opinion of the Court
Hesiphill, Cu. J.
The ground for tlie exclusion of the testimony of Tilomas Wright is not stated, and it is not easily to be perceived. Tlie appel-lees have not appeared, and we have not the benefit of an argument in support of tlie ruling of tlie court. The witness was not a party to tlie record; lie had no certain, legal, and fixed interest in tlie event of tlie suit. lie could not avail himself of tlie judgment as evidence in any future action. There was no warranty in the bill of sale; but if there were, or if under the facts ho could be required to warrant the title to. the plaintiff…
2Cited by7 opinions
- Kempner v. Comer, Fairris & DialTexas Supreme Court · 1889
- de Garca v. GalvanTexas Supreme Court · 1881
- Hill v. PorterIdaho Supreme Court · 1924
- Brady v. GarrettCourt of Appeals of Texas · 1933
- Duenkel v. Amarillo Bank & Trust Co.Court of Appeals of Texas · 1920
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