Berthlett, Jones & Co. v. Folsom
Texas Supreme Court
Error from Red River. Tried below before the Hon. W. g. Todd. Berthlett, Jones & Co. sued David G-. Bell and Jane H. Bell, his wife, to foreclose a mortgage upon a negro woman named Malinda. The defendant in error, Albert Folsom, by his next friend, intervened, claiming said negro woman as his property in his own right. The only contest in the case was in regard to the title of the intervener to the negro.
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Error from Red River. Tried below before the Hon. W. g. Todd. Berthlett, Jones & Co. sued David G-. Bell and Jane H. Bell, his wife, to foreclose a mortgage upon a negro woman named Malinda. The defendant in error, Albert Folsom, by his next friend, intervened, claiming said negro woman as his property in his own right. The only contest in the case was in regard to the title of the intervener to the negro. There was a verdict in favor of Berthlett, Jones & Co. for the money claimed by them against Bell and wife and in favor of the intervenor Folsom, as to the title to the negro, and judgment…
1Opinion of the CourtRoberts, J.
The right of Albert Folsom to intervene in the manner in which it was done, was not called in question, and therefore nothing need be said on that subject.
The question in the case is was the evidence sufficient to show that the property in the negro woman was divested out of Jane H. Bell and vested in Albert Folsom by gift, exchange or sale. This transfer of property is supported by the testimony of two witnesses, as follows, to-wit: by George W. Haskins, who says “ that it was understood at the time of the division of the estate, (of the father of Albert and former husband of Jane H.,) that…
2Cases cited1 opinion
- Clifton v. LilleyTexas Supreme Court · 1854