Case v. Jennings
Texas Supreme Court
Appeal from Travis. Tried below before the Hon. Thomas H. Du Val. Suit by appellees, Erastus F. Jennings and Charles W. Henderson, against Sherman Case, one of the appellants, to recover a slave or her value.
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Appeal from Travis. Tried below before the Hon. Thomas H. Du Val. Suit by appellees, Erastus F. Jennings and Charles W. Henderson, against Sherman Case, one of the appellants, to recover a slave or her value. The petition alleged that the defendant had been connected with plaintiffs, as partner in stockraising ; that in April, 1855, the partnership was dissolved by mutual consent; that a division of the partnership property was then had, and that defendant received his portion of the same ; that after such division, plaintiff Jennings, who acted for himself and his co-plaintiff, having…
1Opinion of the CourtWheeler, J.
There were two questions for the jury to decide, upon the verdict; and they involve the merits of the appeal: 1st. Di<| the plaintiffs make out their title ? 2nd. Had the defendant, Case, authority to sell ?
Upon the first question, there is no difficulty. The conduct *672of the parties and the facts of the case, as disclosed by the evidence, were amply sufficient to warrant the jury in coming to the conclusion that the unqualified property was in the plaintiffs.
The disposition of the remaining question would be equally free from difficulty, if it were unembarrassed by instructions given at the…
2Cited by14 opinions
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