Hudson v. Wilkinson
Texas Supreme Court
Appeal from Burleson. Tried below before the Hon. J. M. Onins. January 2, 1870, Wilkinson sued Hudson for the conversion of a wagon and two mules, alleged to be worth $200, and their hire, worth three dollars per day. - Hudson pleaded his purchase of the property from one Stewart in good faith, and that plaintiff’s claim under the same party for the property, was without consideration — was based on a mortgage invalid in law, in that the property was exempt from forced sale.
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Appeal from Burleson. Tried below before the Hon. J. M. Onins. January 2, 1870, Wilkinson sued Hudson for the conversion of a wagon and two mules, alleged to be worth $200, and their hire, worth three dollars per day. - Hudson pleaded his purchase of the property from one Stewart in good faith, and that plaintiff’s claim under the same party for the property, was without consideration — was based on a mortgage invalid in law, in that the property was exempt from forced sale. On the trial plaintiff read the following instrument: “ State oe Texas, ) County of Burleson. ) “Know all men by these…
1Opinion of the Court
Moore, Associate Justice.
It is apparent from the record that the point, upon which this case was supposed to turn by the court, as well as by the counsel for both parties, was whether the conveyance from Stewart so Wilkinson operated as a mortgage or a conditional sale; and evidently, from the instructions given the jury, the court regarded its determinartion as depending altogether upon the legal construction of the instrument itself, and was therefore to be decided by it and not by the jury.
The plain effect of the instructions given by the court, taken as a whole, is," that the instrument…
2Cases cited1 opinion
- Ruffier v. WomackTexas Supreme Court · 1867
3Cited by29 opinions
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- Gulf, Colorado & Santa Fe Ry. Co. v. JamesTexas Supreme Court · 1889
- Alstin v. CundiffTexas Supreme Court · 1880
- Soell v. HaddenTexas Supreme Court · 1892
- Johnson v. DarrTexas Supreme Court · 1925
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