Parks v. Willard
Texas Supreme Court
Appeal from Bowie County. The appellee sued the appellant in the district court to recover the possession of a female slave purchased by him at a sale of the same, on the 5th day of June, 1844, under executions founded on five judgments against the appellant, in three of which Richard Cross and Clinton J. Willard appear to have been plaintiffs in execution.
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Appeal from Bowie County. The appellee sued the appellant in the district court to recover the possession of a female slave purchased by him at a sale of the same, on the 5th day of June, 1844, under executions founded on five judgments against the appellant, in three of which Richard Cross and Clinton J. Willard appear to have been plaintiffs in execution. The defendant answered, claiming to be rightfully possessed of the slave as trustee to the use of his wife, Mariah Parks, by virtue of a deed of trust made by one John B. Bosley, in the state of Tennessee, on the 3d day of January, 1832,…
1Opinion of the Court
"WheeleR, J.
It is insisted, for the appellee, that the deed of January 3, 1832, in behalf of Mariah Parks, cannot confer on her any right as against the creditors of or purchasers from her husband, James Parks; in consequence of the omission to record the deed in this country, and in consequence of the continued possession by Parks of the property here; and that the wife is chargeable with a fraud upon credicors of and .purchasers from her husband, in permitting him to continue in the use and possession of her property as his own, and to obtain a credit upon it without making known her claims.
2Cases cited3 opinions
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- Ferry v. Le GrasSupreme Court of Louisiana · 1818
3Cited by9 opinions
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- John v. BattleTexas Supreme Court · 1883
- Lott v. BertrandTexas Supreme Court · 1863
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