Bennett v. Gamble
Texas Supreme Court
Appeal from Victoria County. The facts of the case are given by Mr. Justice Lipscomb in the opinion. 1st. It is submitted that under our statute, the amendment asked for should have been allowed. 2d. The refusal of the court to charge that two years’ possession, under the sheriff’s sale, was a good title under the statute of limitations, was erroneous. 3d.
Read the full summary
Appeal from Victoria County. The facts of the case are given by Mr. Justice Lipscomb in the opinion. 1st. It is submitted that under our statute, the amendment asked for should have been allowed. 2d. The refusal of the court to charge that two years’ possession, under the sheriff’s sale, was a good title under the statute of limitations, was erroneous. 3d. The charge of the court that the title under the sheriff’s sale to Bennett was void cannot be sustained. . The levy on the slave was good. The sheriff took her into possession, but left her with the defendant in execution until a bond could…
1Opinion of the Court
LipscoMb, J".
Bennett and wife filed their petition against Gamble, administrator of Richardson, alleging that they are the owners, and in possession of a certain negro girl named Grace; that the said girl, whilst so in their possession, was levied on by an execution in favor of the said Gamble, as administrator of Richardson, against one William Lynam et ah, as the property of the said Lynam; that the petitioners had given bond as required by the statute, and they pray that Gamble be made a defendant; that he be cited to appear at the next term of the district court, then and there to answer…
2Cited by4 opinions
- Masterson v. CundiffTexas Supreme Court · 1883
- Barron v. ThompsonTexas Supreme Court · 1880
- Deware v. Wichita Valley Mill & Elevator Co.Court of Appeals of Texas · 1897
- Vickery v. WardTexas Supreme Court · 1847