Barker v. Johnson
Court of Appeals of Texas
Appeal from District Court, Harrison County; H. T- Lyttleton, Judge. Action by F. M. Johnson against T. C. Barker and others. Judgment for plaintiff, and defendant Barker appeals.
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Appeal from District Court, Harrison County; H. T- Lyttleton, Judge. Action by F. M. Johnson against T. C. Barker and others. Judgment for plaintiff, and defendant Barker appeals. By virtue of an execution issued March 11, 1909, on a judgment rendered by the Wood county district court November 22, 1904, in favor of appellant against J. E. Johnson, a levy was made by a deputy sheriff of I-Iarrison county on four mules and two wagons, then in Harrison county, as the property of said Johnson. F. M. Johnson, an old man 83 years of age, father of said J. E. Johnson, claimed he owned the mules and…
1Opinion of the Court
• WILLSON, C. J.
(after stating the facts as above). [1>2] It appeared that the witness John Bass sold the mules and wagons to J. E. Johnson, who was the son of F. M. Johnson and the defendant in the execution levied thereon. The consideration for the sale was $800, paid by J. E. Johnson to Bass, and the former’s six promissory notes for $50 each in favor of the latter. There was testimony sufficient to support a finding that the $800 paid to Bass was money which belonged to the separate estate of the wife of said J. E. Johnson, but this feature of the case seems to have been ignored on the…
2Cases cited5 opinions
- Roberts v. WimberlyTexas Supreme Court · 1874
- Gilder v. City of BrenhamTexas Supreme Court · 1887
- Nodle v. HawthornSupreme Court of Iowa · 1899
- Smiley v. PadgettSupreme Court of Georgia · 1905
- Rollofson v. NashSupreme Court of Minnesota · 1899
3Cited by2 opinions
- Bright v. BriscoeCourt of Appeals of Texas · 1917
- Williams v. KincannonCourt of Appeals of Texas · 1924