Legal Opinion

McFaddin v. Vincent

Texas Supreme Court

Decided July 1, 1858PublishedCited by 3 opinions

Error from Harris. Tried below before the Hon. Peter W„ Gray. Petition filed March 18th, 1855, in Brazoria county District Court.

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Error from Harris. Tried below before the Hon. Peter W„ Gray. Petition filed March 18th, 1855, in Brazoria county District Court. Amended petition as follows : That sometime towards the close of the year 1853, plaintiff came to Texas for the purpose of engaging in the occupation of planting, and that he brought with him the following negro slaves, viz: [Here followed the names, ages and alleged value of the slaves.] All of which negroes were slaves for life, and the undisputed property of your petitioner. During the month of November, in said year, 1853, he bargained with James McFaddin, the…

1Opinion of the CourtRoberts, J.

We are of opinion that the issues arising on the pleadings and facts of this case, were properly presented by the Court to the jury. Nor can we say that the jury were not warranted, in the verdict which they found on them, by the evidence.

The main question was whether or not Vincent was of weak mind, by which he was liable to be, and was, overreached by McEaddin in the several trades made by them in relation to the land and negroes.

As to the last trade, which was made in 1854, the allegations of the petition are full, and they are sufficiently sustained by the evidence. The allegation in the…

2Cited by3 opinions

  1. Swink v. City of DallasTexas Commission of Appeals · 1931
  2. Caddell v. CaddellCourt of Appeals of Texas · 1910
  3. Wilkie v. SassenSupreme Court of Iowa · 1904

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