Whitworth v. Carter

R. A. Whitworth _ sued out a possessory warrant *626against Mrs. Lillie Carter to recover possession of a bale of cotton. The affidavit to obtain the warrant followed the language of section 5371 of the Civil Code (1910), which section contains the general provisions of law as to the grounds upon which a possessory warrant may issue. IJpon the trial before the magistrate it appeared that the cotton was produced upon lands, of the plaintiff and had been taken and carried away by the defendant.

The plaintiff contended and testified that he had employed the defendant’s husband, Sam Carter, as a…