Morgan v. Republic of Texas
Texas Supreme Court
The republic of Texas, having obtained a judgment against William I). Lee, an execution sued out upon that judgment was levied upon a negro man named Edward, as the property of Lee. replevied the negro, and interposed the claim as trustee for one Eli Hart. At the trial the appellant introduced as the evidence of his right to the negro, a bill of sale from William H. Lee, dated August 10, 1840, which sale was made for the use and benefit of Eli Hart of Hew York.
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The republic of Texas, having obtained a judgment against William I). Lee, an execution sued out upon that judgment was levied upon a negro man named Edward, as the property of Lee. replevied the negro, and interposed the claim as trustee for one Eli Hart. At the trial the appellant introduced as the evidence of his right to the negro, a bill of sale from William H. Lee, dated August 10, 1840, which sale was made for the use and benefit of Eli Hart of Hew York. The judge charged the jury, that “if they believed from the evidence that the slave levied on by the sheriff remained in possession…
1Opinion of the CourtJustice Lipscomb
This question underwent the most patient and thorough investigation in the case of Bryant v. Kelton, 1 Tex. 434, at the last term, and the opinion of the court in that case settles the law on sound principles.
According to the rule then laid down, the facts assumed in the charge of the court in the case at bar, as constituting fraud, were held to be only prima facie evidence of frattd, and susceptible of explanation before the jury.
The judgment must be reversed and the cause remanded.
2Cases cited1 opinion
- Bryant v. KeltonTexas Supreme Court · 1846