Cleveland v. Williams
Texas Supreme Court
Appeal from Polk. The case was tried before Hon. Samuel A. Wilson, one of the district judges. The petitioner, who sues as the administrator of the estate of Thomas B. Hall, deceased, alleges that said Hall died in September, 1860; that on the day of his death he was possessed, as of his own property, of one hundred bushels of corn, worth $1 50 per bushel; that after the death of said Hall the defendant took the said corn, without authority, and converted the same to his own…
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Appeal from Polk. The case was tried before Hon. Samuel A. Wilson, one of the district judges. The petitioner, who sues as the administrator of the estate of Thomas B. Hall, deceased, alleges that said Hall died in September, 1860; that on the day of his death he was possessed, as of his own property, of one hundred bushels of corn, worth $1 50 per bushel; that after the death of said Hall the defendant took the said corn, without authority, and converted the same to his own use, and, therefore, lays damages at $500. The defendant plead, 1st, general demurrer; 2d, general denial; and, 3d,…
1Opinion of the CourtCoke, J.
The only questions presented by the assignments of error, necessary to be considered, arise on the third clause in the charge of the court to the jury, which reads as follows :
“If you find, from the evidence, that the corn in question, that is, the hundred bushels of corn, was in a bulk with other corn, and had not been measured out and sepa*209rated from the hulk, so that the same could he identified, previous to the death of Hall, then the sale was incomplete, and you will find for the plaintiff the value of the corn as proved.”
Considering this instruction with reference to the facts of this…
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