Lafferty's v. Murray
Texas Supreme Court
Appeal from Eayette. Tried below before the Hon. Geo. W.Smith. The appellees, on the 16th of January, 1857, instituted this suit against the appellant,, for the recovery of two negroes and their hires.
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Appeal from Eayette. Tried below before the Hon. Geo. W.Smith. The appellees, on the 16th of January, 1857, instituted this suit against the appellant,, for the recovery of two negroes and their hires. The plaintiffs claimed the slaves sued for, under the provisions of the last will and testament of Lewis Bowdry, deceased, who died in Woodford county, State of Kentucky, in the year 1821. The will was probated and recorded in that county and State in May, 1824, and by its provisions the testator, after legacies to his wife, bequeathed to each of his six descendants one-sixth of his estate,…
1Opinion of the CourtMoore, J.
The only question in this case worthy of consideration is, as to the proper construction of the last clause of the second section of the statute of frauds, which is in these words: “And in like manner, when any loan of goods and chattels or slaves shall be pretended to have been made to any person with whom, or those claiming under him, possession shall have remained by the space of three years, without demand made and pursued by due process of law on the part of the pretended lender; or when any reservation or limitation shall be pretended to have been made of a use or property, by way of…
2Cases cited8 opinions
- Adams v. BroughtonSupreme Court of Alabama · 1848
- Lyde v. TaylorSupreme Court of Alabama · 1850
- Catterlin v. HardySupreme Court of Alabama · 1846
- McCoy v. OdomSupreme Court of Alabama · 1852
- Turner v. FennerSupreme Court of Alabama · 1851
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3Cited by2 opinions
- French v. StateCourt of Criminal Appeals of Texas · 1913
- Rogers v. Tapp, Leathers & Co.Texas Commission of Appeals · 1881