Legal Opinion

Le Gierse & Co. v. Moore

Texas Supreme Court

Decided May 22, 1883No. Case No. 4811PublishedCited by 3 opinions

Appeal from Taylor. • Tried below before the Hon. T. B. Wheeler. Suit for the trial of the right of property in seven hundred and sixty-eight head of sheep.

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Appeal from Taylor. • Tried below before the Hon. T. B. Wheeler. Suit for the trial of the right of property in seven hundred and sixty-eight head of sheep. Appellants recovered a judgment in the district court of Galveston county against B. M. Moore, the husband of the claimant, for the sum of $1,258. Execution issued, and on the 17th of July, 1882, was levied on the property in controversy in the possession of B. M. Moore, the defendant in execution and the husband of the claimant. The appellee, Mrs. Moore, wife of the defendant in execution, presented to the sheriff her affidavit and bond…

1Opinion of the Court

Stayton, Associate Justice.—

The finding.of the court that the seven hundred and sixty-eight head of sheep levied upon were the separate property of Mrs. Moore is sustained, by .the evidence. The only witness who testified upon this point stated unqualifiedly that they were paid for with money received by her upon a policy of insurance upon the life of her deceased brother, which was made payable to her.

If the appellants desired to controvert this evidence by proof that the particular sheep in question were not identified and paid for with the separate means of the wife, but were a part of a…

2Cited by3 opinions

  1. Walker v. Farmers' & Merchants' State Bank of WintersCourt of Appeals of Texas · 1912
  2. Burkitt v. MoxleyCourt of Appeals of Texas · 1918
  3. Eastham v. JonesCourt of Appeals of Texas · 1921

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