Latham v. Selkirk
Texas Supreme Court
Appeal from Wharton. First pluries execution, issued October 19th, 1850, from Matagorda county to Wharton county, purporting to be founded on a judgment in favor of James H. Selkirk against Charles S. Betts, and George W. Spooner, recovered on the eleventh day of September, 1843; levied by the Sheriff of Wharton county, on a slave, fourteen churns and a horse, as the property of Charles S. Betts, and found in his possession.
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Appeal from Wharton. First pluries execution, issued October 19th, 1850, from Matagorda county to Wharton county, purporting to be founded on a judgment in favor of James H. Selkirk against Charles S. Betts, and George W. Spooner, recovered on the eleventh day of September, 1843; levied by the Sheriff of Wharton county, on a slave, fourteen churns and a horse, as the property of Charles S. Betts, and found in his possession. L. J. Latham, by his agent Charles S. Betts, claimed the slave and churns, and gave bond to try the right. The issue was made up as follows: “ And now, at this day, “…
1Opinion of the CourtLipscomb, J.
The first error, assigned by the appellant, is, That the Court erred in charging the jury, that they could find for the plaintiff, under the levy which was made by virtue of the execution of the plaintiff; for the indorsement on said ex-*320edition, shows that it was only the fourth ezecution, and its face shows that it was issued under a judgment which was rendered on the 11th day of September, A. D., 1843, which was near seven years before the issuance of said execution.
This assignment is not supported by the record. The Judge neither gave nor was requested to give, the charge contained, and…
2Cited by18 opinions
- Newcomb v. StateMississippi Supreme Court · 1872
- Belt v. RaguetTexas Supreme Court · 1864
- Still v. WilkensTexas Supreme Court · 1886
- Webb v. MallardTexas Supreme Court · 1863
- Wright's Administratrix v. DonnellTexas Supreme Court · 1871
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