Brewer v. West
Texas Supreme Court
This suit was brought in the name of William Brewer, for the use of Miles Beed, against Edward West, on a note in the following words: “ Six months after date we, or either of us, promise to pay William Brewer the sum of four hundred dollars, being the balance in full payment of a negro boy named Jack. Witness our hands and seals. Clarksville, 4th October, 1843. (Signed) ‘ “Edwaed West, [seal.] “Wm.
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This suit was brought in the name of William Brewer, for the use of Miles Beed, against Edward West, on a note in the following words: “ Six months after date we, or either of us, promise to pay William Brewer the sum of four hundred dollars, being the balance in full payment of a negro boy named Jack. Witness our hands and seals. Clarksville, 4th October, 1843. (Signed) ‘ “Edwaed West, [seal.] “Wm. B. Beviee.” [seal.] The defendant "West alone being sued, answered that be gave the note as described in tbe plaintiff’s petition. He then pro-needs in his answer with a long statement, alleging…
1Opinion of the Court
Mr. Justice Lipscomb,
after stating the facts of the case substantially as they are here stated, delivered the opinion of the court as follows:
The answer not only contains a great deal of impertinent and irrelevant matter, but is further objectionable as not presenting any defense in law, admitting it to be all true, to the action. Unless the defendant was injured or likely to be injured by the fraud of which he complains, he could claim no *378defense from it, either in law or equity. He does not offer to return the slave after being three years in the exercise of ownership over him. This he…
2Cited by1 opinion
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