Chevallier v. Wilson
Texas Supreme Court
Appeal from Nacogdoches. The following are the facts in this case as taken from the record by Mr. Chief Justice Hemphill: This suit was brought for the recovery of certain slaves named in the petition which, it is alleged, were verbally given by Mrs. Wad-lington during her last illness to her daughter Sarah, one of the plaintiffs.
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Appeal from Nacogdoches. The following are the facts in this case as taken from the record by Mr. Chief Justice Hemphill: This suit was brought for the recovery of certain slaves named in the petition which, it is alleged, were verbally given by Mrs. Wad-lington during her last illness to her daughter Sarah, one of the plaintiffs. That one of them, the boy Westley, was placed' in the possession of the plaintiffs in the court below, who are the appellees here; that Caroline, the other, was pledged to the appellant for the payment of one hundred dollars borrowed by Mrs. Wadlington, which the…
1Opinion of the Court
Hemphill, O. J.
We will consider such of the points discussed in argument, as naturally arise on the pleadings and evidence, and as are decisive of the controversy.
The first question which presents itself is, whether the petitioner’s claim to Caroline as a gift from her mother has been supported by the proofs in the cause.
The evidence of the first witness was, that Mrs. Wadlington sometimes said she had given Caroline to Mrs. Wilson, and sometimes that she intended her for her daughter at her (Mrs. Wadlington’s) death. The testimony of the sons-in-law and one of the daughters of the deceased…
2Cases cited2 opinions
- Russel v. BallNew York Supreme Court · 1806
- Sims v. Adm'r of SimsSupreme Court of Alabama · 1839
3Cited by16 opinions
- Rogers v. RewardTexas Supreme Court · 1880
- Fleck v. BaldwinTexas Supreme Court · 1943
- Dorman v. Arnold, Texas Court of Appeals, 6th District (Texarkana)1996
- Unthank v. RippsteinTexas Supreme Court · 1964
- O'Donnell v. HalladayCourt of Appeals of Texas · 1941
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