Legal Opinion

Edmundson v. Silliman

Texas Supreme Court

Decided July 1, 1878PublishedCited by 1 opinion

Error from Anderson. Tried below before the Hon. B. S. Walker. August 9, 1876, in Galveston County Court, J. W. Ed-mundson, plaintiff in error in this suit, recovered judgment against B. S. Kirk for the sum of $360.33 and costs.

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Error from Anderson. Tried below before the Hon. B. S. Walker. August 9, 1876, in Galveston County Court, J. W. Ed-mundson, plaintiff in error in this suit, recovered judgment against B. S. Kirk for the sum of $360.33 and costs. Upon this judgment execution was issued, directed to Anderson county, Texas, where Kirk then resided, doing business as a hardware merchant, and the sheriff of said Anderson county levied the execution upon a lot of “ goods, wares, and merchandise,” valued at $734.59. Not having time to sell before return day of execution, the sheriff returned the execution to…

1Opinion of the Court

Moore, Chief Justice.

The only question in this ease is, Does the evidence upon which it was submitted to the court warrant the judgment ? Giving to it the most favorable construction for appellee of which it is susccjdtibie, we feel constrained to say that, in our judgment, it does not.

Without pausing to consider upon whom the burden of proof properly devolved, and entirely discarding from our consideration the testimony of appellant’s witness, we think the evidence shows, beyond all question, that the bill of salé from Kirk and wife to appellee was made by the former with the intent to…

2Cited by1 opinion

  1. Blankenship v. TurnerCourt of Appeals of Texas · 1888

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