Legal Opinion

Bradshaw v. Mayfield

Texas Supreme Court

Decided July 1, 1856PublishedCited by 34 opinions

Appeal from Ellis. Tried below before the Hon. Nat. M. Burford. Suit by appellee, administrator de bonis non of Sutherland Mayfield, against the appellant, administrator of Sarah May-field, wife of said Sutherland, to recover a slave named Randle.

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Appeal from Ellis. Tried below before the Hon. Nat. M. Burford. Suit by appellee, administrator de bonis non of Sutherland Mayfield, against the appellant, administrator of Sarah May-field, wife of said Sutherland, to recover a slave named Randle. The plaintiff proved, by admission of defendant, that said Sutherland and Sarah were married in Tennessee in 1837 or 1838, both having been previously married, and both having children by their former marriages; plaintiff son of said Sutherland by former marriage, about thirty years old ; said Sutherland died in Ellis county, then Navarro, in the…

1Opinion of the Court

Hemphill, Ch. J.

This was an action by the appellee as administrator de bonis non of Sutherland Mayfield, the husband, against the administrator of Sarah Mayfield, the wife, for the recovery of a slave.

The judgment was for the plaintiff, and this is questioned on the several grounds that the Court erred,

In the charge to the jury.

In rendering judgment upon the verdict; and,

In refusing motion for'a new trial.

The first objection under the first assignment, is to the proposition by the Court, that the sale of the negro in question, by the husband to the wife, though perhaps good between the…

2Cases cited1 opinion

  1. Marcy v. StoneMassachusetts Supreme Judicial Court · 1851

3Cited by34 opinions

  1. Dickson v. StricklandTexas Supreme Court · 1924
  2. James v. JamesTexas Supreme Court · 1891
  3. Coca-Cola Co. v. Harmar Bottling Co.Texas Supreme Court · 2006
  4. Larrabee v. PorterCourt of Appeals of Texas · 1914
  5. Barkley v. DumkeTexas Supreme Court · 1905

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