Jones v. Thurmond's Heirs
Texas Supreme Court
Error from Bowie. The defendants in error brought suit on the 4th day of January, 1845, to recover of the plaintiff in error a family of negroes, consisting-of the mother and six children. The plaintiffs claimed as legatees under the will of Richard Thurmond.
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Error from Bowie. The defendants in error brought suit on the 4th day of January, 1845, to recover of the plaintiff in error a family of negroes, consisting-of the mother and six children. The plaintiffs claimed as legatees under the will of Richard Thurmond. The clauses of the will, on which they rest their -claim, were as follows: “First, I will and bequeath to my wife, Judith Thur-■tnond, all my negroes, young and old, male and female, during her natural lifetime. * * * * Thirdly, at the death of my wife Judith I will and "bequeath that all m3' negroes, as before mentioned, and (heir…
1Opinion of the CourtWheeler, J.
The instructions of the court, which are assigned as error, are presented by a hill of exceptions which appears to have been filed on the day after the trial, and it is insisted on behalf of the defendants in error that they are not, therefore, properly the subject of revision.
It doubtless is true that a party who would except to the ruling of the court upon any question of evidence arising at the trial must do so at the time of such ruling. And a bill of exceptions ought to be tendered at the trial, or at as early a period as practicable. (6 Johns. R., 279; 9 Id., 345 ; 4 Tex. R., 170; 5 N.…
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