Thompson v. Shannon
Texas Supreme Court
Appeal from Montgomery. This suit was instituted to set aside a sale of laud made by Cochran, the former administrator, at which sale Shannon became the purchaser and received the administrator’s title. The ground upon which tlie sale was sought to he set aside was frand and collusion between the administrator and the purchaser. There were other grounds alleged In the petition, but they were not sustained by the record.
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Appeal from Montgomery. This suit was instituted to set aside a sale of laud made by Cochran, the former administrator, at which sale Shannon became the purchaser and received the administrator’s title. The ground upon which tlie sale was sought to he set aside was frand and collusion between the administrator and the purchaser. There were other grounds alleged In the petition, but they were not sustained by the record. The allegations of the petition wore tried by a jury, and there was a verdict for the defendant; a motion to set aside the verdict, which was overruled by the, court, and the…
1Opinion of the CourtLipscomb, J.
If law he a rule of right and sound reason, it would seem dilliouit to separate the o.ne part of the charge asked from the other. If the first part is right in law, the other would seem to he only a logical conclusion that would ioilow from the first. But the fair test of the propriety of a charge cannot be whether in the abstract it is right. It must he taken in view of the evidence, of the facts charged on which the jury is required to respond. A charge in the abstract, as a mere legal proposition, might be perfectly inoperative and harmless; when, however, referred to a certain set of…
2Cited by24 opinions
- Ford Motor Co. v. CastilloTexas Supreme Court · 2014
- Sullivan v. FantCourt of Appeals of Texas · 1913
- Traylor v. TownsendTexas Supreme Court · 1884
- Reilly v. BusterCourt of Appeals of Texas · 1932
- Farmers' Guaranty State Bank of Jacksonville v. Burrus Mill & Elevator Co.Court of Appeals of Texas · 1918
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