Bradley's Adm'rs v. Bradley
Texas Supreme Court
Appeal from Lavaca. Action by the appellants against the appellee to recover §550, alleged to belong to their intestate, and to have come into the hands of the defendant about the time of the intestate’s decease.
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Appeal from Lavaca. Action by the appellants against the appellee to recover §550, alleged to belong to their intestate, and to have come into the hands of the defendant about the time of the intestate’s decease. In answer to interrogatories propounded by the plaintiffs, whether he had not obtained possession of the money, a few days before the death of the intestate, the defendant replied that he had, but that it had been given to him by the intestate, who was his brother, §400 for the use of his two children and the balance for himself. The plaintiffs proved by four or five witnesses that…
1Opinion of the CourtWheeler, J.
The grounds of error relied on in this ease are not difficult of disposition. It cannot reasonably admit of a question, that the part of the answer of the defendant to interrogatories which was excepted to was folly warranted by the statute. (Hart. Dig. Art. 737.) How the defendant obtained possession of the money in question and for what purpose, were matters naturally suggested by and connected with the answer called for by the interrogatory., While his answer charged him with the possession of the money, it was necessary for his defence, and it was his undoubted privilege to explain how…
2Cited by2 opinions
- Burris v. LevyCourt of Appeals of Texas · 1957
- Herbert v. ButterworthTexas Supreme Court · 1859