Luckett v. Townsend
Texas Supreme Court
— Error from Eayette County. This was a suit brought by the plaintiffs in error in the -county of Travis to redeem a negro boy, alleged by them to have been delivered to the defendant, Townsend, in mortgage •or pledge.
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— Error from Eayette County. This was a suit brought by the plaintiffs in error in the -county of Travis to redeem a negro boy, alleged by them to have been delivered to the defendant, Townsend, in mortgage •or pledge. The plaintiffs filed their petition on the 10th of December, 1841, alleging that on the 13th of November, 1S40, they borrowed of the defendant, Townsend, one thousand dollars in the old consolidated funded debt of the republic, equal in value-to one hundred and twenty-five dollars. That, to secure the payment, they executed a conveyance and delivered to Townsend a negro boy…
1Opinion of the Court
Mr. Justice 'Wheeler,
after stating the facts of the case generally, delivered the opinion of the court as follows
[Mr. Justice Lipsoomb not sitting]:
It is insisted for the defendant in error, that, as the case is brought up by writ of error, we cannot look into the facts as upon appeal, or revise the judgment otherwise than as upon a writ of error at common law.
This, it is conceived, is not now an open question. It is be*128lieved to have been the uniform practice of the late supreme court, as «well as of this court,' to regard the writ of error, as recognized by our laws, only as another mode of…
2Cases cited1 opinion
- Conway's Executors & Devisees v. AlexanderSupreme Court of the United States · 1812
3Cited by62 opinions
- In Re Poly-America, L.P.Texas Supreme Court · 2008
- Soell v. HaddenTexas Supreme Court · 1892
- First Dallas Petroleum, Inc. v. Hawkins, Texas Court of Appeals, 5th District (Dallas)1987
- Johnson v. TimmonsTexas Supreme Court · 1878
- Lusher v. First Nat. Bank of Fort WorthCourt of Appeals of Texas · 1953
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