Weisiger v. Chisholm
Texas Supreme Court
Appeal from De Witt. The case was tried before Hon. Fielding Jones, one of the district judges. Weisiger, the appellant, brought this suit to the spring term, 1859, of the District Court of De Witt county.
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Appeal from De Witt. The case was tried before Hon. Fielding Jones, one of the district judges. Weisiger, the appellant, brought this suit to the spring term, 1859, of the District Court of De Witt county. He alleged in his petition that, on the 1st day of December, 186,’iewm8ft80merofseTen““dte" acres of land in De Witt county, by purchase of the same at a sale, under an execution which issued on a judgment of said court, rendered on the 27th of March, 1857, in favor of James Walker, against Thornton Chisholm, Achilles Stapp, and James Totty, the said land having been levied on and sold as…
1Opinion of the CourtCoke, J.
—The instructions of the court to the jury are substantially correct, and there is no error in the refusal *789of the court to give the instructions asked by the appellant, because, so far as they were proper, they had been unbodied in the charge already given, and the court very properly refused to repeat them.
But there was manifest error in the admission of the testimony of the witness John Hanks, by whom the defendants proved that Thornton Chisholm was only a surety upon the note on which the judgment was rendered, to satisfy which the land in controversy was sold. We are at a loss to perceive…
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