Rogers v. Crain
Texas Supreme Court
Error from Harrison. The ease was tried before Hon. Charles A. Erazer, one of the district judges. The suit was against the heirs of Giles B. Crain, on the warranty of the soundness of a slave, Clarissa, who was alleged not to be sound, but to have died of a disease which was concealed from the purchaser. The points decided turned upon the bill of exceptions of the plaintiff below, in excluding evidence.
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Error from Harrison. The ease was tried before Hon. Charles A. Erazer, one of the district judges. The suit was against the heirs of Giles B. Crain, on the warranty of the soundness of a slave, Clarissa, who was alleged not to be sound, but to have died of a disease which was concealed from the purchaser. The points decided turned upon the bill of exceptions of the plaintiff below, in excluding evidence. There was much evidence excluded, besides that passed upon by the court, but the opinion sufficiently sets forth the objections to the evidence and the rulings thereon. The instructions and…
1Opinion of the CourtCoke, J.
This is an action by the plaintiff in error in the district court of Harrison county, brought to recover damages for an alleged breach of warranty of soundness of a slave sold by the father of the defendants in error, since ' deceased, to the plaintiff in error, the defendants in error having received and partitioned among themselves the estate of their deceased father, by virtue of his last will, without resort to the probate court. There were a verdict and judgment for the defendants in error, and the cause is brought to this court by writ of error.
It is assigned that the court below erred…
2Cases cited4 opinions
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