Pait v. McCutchen
Texas Supreme Court
Appeal from Washington. Tried below before the Hon. I. B. McFarland. On the 26th of March, 1857, the appellant, Pait, instituted suit in the District Court of Burleson county against one S. M. J. Benson for the recovery of certain negro slaves. On the 31st of March, 1857, a writ of sequestration issued, and was executed by the proper officer, taking into possession Mary, one of the slaves sued for, who had been hired by the defendant, Benson, to McCutchen, the appellee.
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Appeal from Washington. Tried below before the Hon. I. B. McFarland. On the 26th of March, 1857, the appellant, Pait, instituted suit in the District Court of Burleson county against one S. M. J. Benson for the recovery of certain negro slaves. On the 31st of March, 1857, a writ of sequestration issued, and was executed by the proper officer, taking into possession Mary, one of the slaves sued for, who had been hired by the defendant, Benson, to McCutchen, the appellee. On the 8th of April, 1857, a bond was executed by McCutchen, as principal, and Benson and A. Binkley, as sureties, reciting,…
1Opinion of the CourtWalker, J.
The opinion in 1239, McCrimmin v. Cooper, applies in the main to this case; but the question of jurisdiction in the District and Supreme Courts of McCutchen, the appellee, as well as the law which fixes the loss of the slave, Mary, are matters which must be noticed in this opinion. That McCutchen was an intermeddler in the original suit between Pait and Benson is a matter easily seen and understood. He had no business to give the delivery bond. It should have been given by Benson, the defendant in the suit, if he wanted the slave to remain in the custody of Mc-Cutchen ; but it appears that…
2Cases cited22 opinions
- Withers v. PattersonTexas Supreme Court · 1864
- Chambers v. HodgesTexas Supreme Court · 1859
- Clegg v. VarnellTexas Supreme Court · 1857
- Boyden v. United StatesSupreme Court of the United States · 1872
- Phillips v. StevensMassachusetts Supreme Judicial Court · 1819
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3Cited by3 opinions
- C. R. Cummings & Co. v. MastersonCourt of Appeals of Texas · 1906
- McCormick v. . CrottsSupreme Court of North Carolina · 1930
- Elam v. StateCourt of Appeals of Texas · 1884