Harbert v. Neill Bros.
Texas Supreme Court
Appeal from Galveston. Tried below before the Hon. A. P. McCormick. This was a trial of the right of. property under the statute, in thirty-two bales of cotton which bad been shipped by Stephen Harbert to his factors, A. Sessums, Powell & Co., at Galveston.
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Appeal from Galveston. Tried below before the Hon. A. P. McCormick. This was a trial of the right of. property under the statute, in thirty-two bales of cotton which bad been shipped by Stephen Harbert to his factors, A. Sessums, Powell & Co., at Galveston. After the death of Sessums, and insolvency of the firm, Harbert brought suit by sequestration for the thirty-two bales of cotton against “ The Southern Cotton Press and Manufacturing Company,” in whose warehouse it was stored. The cotton was seized by the sheriff; and February 14,1878, Charles M. Todd and Henry M. Neill, partners, under…
1Opinion of the Court
Moore, Associate Justice.
On the 4th day of November, 1872, appellees, Neill Bros. & Co., through their brokers, Richards & Hawkins, entered into an executory contract with A. Sessums, Powell & Co., cotton factors in the city of Galveston, for the purchase of four hundred and fifty bales of cotton, “ on a basis ” of 15J cents per pound for good ordinary cotton. No specific cotton, however, was designated or identified as the subject of this sale; and it was not shown *154on the trial of this case that the thirty-two bales of cotton in .controversy in this suit were then either in the possession…
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