Bryant v. Kelton
Texas Supreme Court
Appeal from Montgomery. Trial of tlie right of property. The appellant, having an execution against one Milton S. Kelton, caused it to be levied on a negro hoy named Moses. The negro was claimed by Oliver P. Kelton to be his property.
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Appeal from Montgomery. Trial of tlie right of property. The appellant, having an execution against one Milton S. Kelton, caused it to be levied on a negro hoy named Moses. The negro was claimed by Oliver P. Kelton to be his property. At the trial the appellant, after accounting for the absence of the original, by denying it to be in his possession, offered as evidence the copy of a bill of sale from one Robert Kelton to Milton S. Kelton, for the negro in controversy, which purported to have been taken from the records of the superior court of Bibb county, in the state of Georgia. The clerk…
1Opinion of the CourtLipscomb, J.
This suit was on the issue made up under the statute to try the right of property. It appears from a bill 'of exceptions taken on the trial that the plaintiff offered in evidence the copy of a bill of sale taken from the records of the superior court of one of the counties in the state of Georgia, for the sale of a negro boy named Moses, from one Robert Kelton to Milton S. Kelton. It was proven by the evidence of B. C. Franklin, Esq., that he had compared the copy with the record, and that it was a true copy. He testified that the original bill of sale was not in his possession as attorney,…
2Cited by5 opinions
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