Van Hook v. Walton
Texas Supreme Court
Appeal from Havarro. The case was tried before Hon. John Gregg, one of the district judges. This was an action brought by the appellant, as trustee of J. H. Kirchhoffer, to recover of Walton, sheriff of Uavarro county, and sureties on his official bond, the value of certain goods, wares, and merchandise, which had been conveyed by Kirchhoffer to the plaintiff in trust for creditors, and which had been taken in execution by the said sheriff and sold.
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Appeal from Havarro. The case was tried before Hon. John Gregg, one of the district judges. This was an action brought by the appellant, as trustee of J. H. Kirchhoffer, to recover of Walton, sheriff of Uavarro county, and sureties on his official bond, the value of certain goods, wares, and merchandise, which had been conveyed by Kirchhoffer to the plaintiff in trust for creditors, and which had been taken in execution by the said sheriff and sold. The petition was filed May 5, 1857, and laid the plaintiff’s damages at $10,000. The assignment or deed in trust was made by Kirchhoffer to Van…
1Opinion of the CourtWillie, J.
—The assignment of errors presents several grounds upon which it is sought to reverse the judgment of the court below, but, in the view which we take of the case, it becomes necessary to notice only two of them, viz: 1st, that the court erred in its charge to the jury; and, 2d, that it erred in not submitting to their consideration the trust deed and issues and proof in relation thereto. These two assignments may be considered together, as they involve the correctness of the only charge given by the court. This charge is as follows: “That if they” (the jury) “are satisfied, from the…
2Cases cited10 opinions
- Hendricks v. RobinsonNew York Court of Chancery · 1817
- Baldwin v. Peet, Sims & Co.Texas Supreme Court · 1859
- Earle v. ThomasTexas Supreme Court · 1855
- Wiswall v. HallNew York Court of Chancery · 1831
- Barnum v. HempsteadNew York Court of Chancery · 1839
5 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Quinn v. DupreeTexas Supreme Court · 1957
- Hubbard v. CoxTexas Supreme Court · 1890
- Edwards v. DicksonTexas Supreme Court · 1886
- W. H. Kellogg & Co. v. MullerTexas Supreme Court · 1887
- King v. RussellTexas Supreme Court · 1874
13 more not listed; retrieve them via the Exa API.