Gibson v. Hill
Texas Supreme Court
Appeal from Oalhoun. Tried below before the Hon. Fielding Jones. Henry Gibson, the appellant, recovered a judgment in the District Court of Matagorda, county, against Claiborne Hill and William M. Varnell, on the 20th October, 1856. On the 29th October, 1856, execution issued, directed to the sheriff of Calhoun county; and on the 21st November, 1856, it was levied on certain slaves, as the property of, and found in the possession of, Claiborne Hill, one of the defendants.
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Appeal from Oalhoun. Tried below before the Hon. Fielding Jones. Henry Gibson, the appellant, recovered a judgment in the District Court of Matagorda, county, against Claiborne Hill and William M. Varnell, on the 20th October, 1856. On the 29th October, 1856, execution issued, directed to the sheriff of Calhoun county; and on the 21st November, 1856, it was levied on certain slaves, as the property of, and found in the possession of, Claiborne Hill, one of the defendants. On the 25th November, 1856, S. W. Hill, the son of Claiborne Hill, made affidavit, setting up claim to the negroes levied…
1Opinion of the CourtBell, J.
We are of opinion that the court below erred in overruling the motion for a new trial. The sale of the property was made by Claiborne Hill to his son, on the very eve of the rendition of judgment in favor of Gibson. The execution was issued within ten days of the time of the rendition of the judgment. It was levied within thirty days after the rendition of judgment. At the time of the levy, the negroes were found in the possession of Claiborne Hill, the vendor. The only pretence" that there had been any change of possession was, that the son lived with the father, and that the slaves were…
2Cited by8 opinions
- Estate of CasparCalifornia Supreme Court · 1916
- Wright v. SwayneTexas Supreme Court · 1911
- Woodson v. Collins & DouglasTexas Supreme Court · 1882
- Whitfield v. De BrincatCalifornia Court of Appeal · 1939
- Hamman v. WillisTexas Supreme Court · 1884
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