Legal Opinion

Green v. Banks

Texas Supreme Court

Decided July 1, 1859PublishedCited by 8 opinions

Appeal from Travis. Tried below before the Hon. Thomas H. Duval. This was a suit to try the right of property to a slave levied on as the property of Wesley Smith, by virtue of an execution from the District Court of Travis county, in favor of the plaintiff, John B. Banks, and claimed by the defendant, John A. Green, under a deed conveying the said slave, together with certain other property, to him in trust for the creditors of Smith.

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Appeal from Travis. Tried below before the Hon. Thomas H. Duval. This was a suit to try the right of property to a slave levied on as the property of Wesley Smith, by virtue of an execution from the District Court of Travis county, in favor of the plaintiff, John B. Banks, and claimed by the defendant, John A. Green, under a deed conveying the said slave, together with certain other property, to him in trust for the creditors of Smith. The said slave was also levied upon at the same time, by virtue of an execution from the District Court, against Smith, in favor of Henry Ross, and a like…

1Opinion of the CourtRoberts, J.

This is a suit to try the right of property to a certain slave, named Simon, valued at $1000, levied on, the 15th September, 1855, as the property of Smith, by virtue of an execution in favor of Banks, for $698.60, and $8.05 costs, issued upon a judgment rendered against Smith in favor of Banks, in Travis county District Court, on the 23d day of May, 1855, which slave was claimed by Green, by making oath, and giving claim-bond, the 24th September, 1855, by virtue of a deed to him executed, as trustee for the benefit of creditors, by Smith and others, on the 28th day of May, 1855. A verdict…

2Cases cited4 opinions

  1. Nicoll v. MumfordNew York Court of Chancery · 1820
  2. Abercrombie v. BradfordSupreme Court of Alabama · 1849
  3. Townsend & Bros. v. HarwellSupreme Court of Alabama · 1850
  4. Howerton v. HoltTexas Supreme Court · 1859

3Cited by8 opinions

  1. Tuttle v. Turner, Wilson & Co.Texas Supreme Court · 1866
  2. Belt v. RaguetTexas Supreme Court · 1864
  3. Day v. StoneTexas Supreme Court · 1883
  4. Walton v. Compton & StrotherTexas Supreme Court · 1866
  5. Cannon v. DemingSouth Dakota Supreme Court · 1892

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