Legal Opinion

Grumbles v. Grumbles

Texas Supreme Court

Decided July 1, 1856PublishedCited by 12 opinions

Error from Travis. Tried below before the Hon. John Hancock. The Court, in addition to the charge copied in the Opinion, charged the jury upon the point of adverse possession, as follows : To enable a party, possessed of property as a trustee, to claim the benefit of the Statute of Limitations in his favor, it is not indispensable that actual notice should be given to his cestui que trust, that is,, the person for whose benefit he held in the first instance, that such…

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Error from Travis. Tried below before the Hon. John Hancock. The Court, in addition to the charge copied in the Opinion, charged the jury upon the point of adverse possession, as follows : To enable a party, possessed of property as a trustee, to claim the benefit of the Statute of Limitations in his favor, it is not indispensable that actual notice should be given to his cestui que trust, that is,, the person for whose benefit he held in the first instance, that such possessor sets up title in himself: but such trustee will be protected in his possession, under the Statute of Limitations, by…

1Opinion of the CourtLipscomb, J.

This was a suit brought by the appellee against the appellants, to recover two negro slaves. The substance of the evidence, as contained in the statement of the facts, shows that in 1838, in the State of Alabama, the appellant Benjamin Grumbles sold and conveyed the two slaves, with some others, to Edward Grumbles, for the consideration as set forth in the bill of sale, of four thousand dollars ; that after that time, the appellant disclaimed any ownership or control over the slaves, but always declared that he had sold them to Edward Grumbles. It was in proof that the vendee and the vendor,…

2Cited by12 opinions

  1. Yeaman v. Galveston City CompanyTexas Supreme Court · 1914
  2. Cole v. NobleTexas Supreme Court · 1885
  3. Hudson v. WheelerTexas Supreme Court · 1871
  4. Hunter v. HubbardTexas Supreme Court · 1863
  5. Morris v. Texas Elks Crippled Children's Hospital, Inc.Court of Appeals of Texas · 1975

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