Winburn's Ex'ors v. Cochran
Texas Supreme Court
Appeal from Washington. There is a single question involved in the case: Will the statute of limitations vest the property? It is expressly so decided in Broh v. Jenkins, 2 La. Cond. R., 20. “The statute is not only a bar to the remedy for personal property, but it “ takes away the legal right and vests it in the holder; so that, if the property “ comes to the hands of tiro former owner, the party may bring suit and recover it from him.
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Appeal from Washington. There is a single question involved in the case: Will the statute of limitations vest the property? It is expressly so decided in Broh v. Jenkins, 2 La. Cond. R., 20. “The statute is not only a bar to the remedy for personal property, but it “ takes away the legal right and vests it in the holder; so that, if the property “ comes to the hands of tiro former owner, the party may bring suit and recover it from him. Legal right and legal remedy are the same thing.” (5 Litt. R., 2S2; Starly v. Earl, 3 J. J. Marsh. R., 278, 368, 374; 3 Litt. It., 138; Litt. Sel. Cas., 430.)…
1Opinion of the CourtLipscomb, J.
Tho refusal of the court to grant a new trial is assigned for error. On looking into the statement of facts it will be seen that as to the mode in which the appellants acquired possession of the slave sued for there is little or no conflict in the testimony. It is in evidence she wont into the possession of McHenry Winhurn, tins former husband and testator of Mrs. Robinson, before the year 1842, by a loan from the brother of Mrs. Robinson, Jeremiah Cochran ; that she remained in the said possession of Winhurn until some time in the year 1847, when the said Winhurn died testate, making his…
2Cited by10 opinions
- Currier v. StudleyMassachusetts Supreme Judicial Court · 1893
- Cunningham v. FrandtzenTexas Supreme Court · 1861
- Hunter v. HubbardTexas Supreme Court · 1863
- Chapin v. FreelandMassachusetts Supreme Judicial Court · 1886
- Hull v. DavidsonCourt of Appeals of Texas · 1894
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