Evans v. Oakley
Texas Supreme Court
The appellants allege in their petition that their late father, James Harrison, was owner of a gold watch, chain and key, of the value of one hundred and fifty dollars, which at his death, fell into the hands of John C. Harrison, as administrator; that some three or four months previous to the bringing of the suit, the said John C. had borrowed of the said Oakley, the appellee, the sum of twenty-five dollars, and handed to him said watch as security for the payment of the…
Read the full summary
The appellants allege in their petition that their late father, James Harrison, was owner of a gold watch, chain and key, of the value of one hundred and fifty dollars, which at his death, fell into the hands of John C. Harrison, as administrator; that some three or four months previous to the bringing of the suit, the said John C. had borrowed of the said Oakley, the appellee, the sum of twenty-five dollars, and handed to him said watch as security for the payment of the money; that in about one month after the transaction the said John O. died; that before filing the petition, the said sum…
1Opinion of the CourtJustice LipscoMb
We have never been very particular as to the form in which the plaintiff presents his cause. If it shows a cause of action, in terms comprehensible, the requisites of the petition are sufficiently complied with.
The petition shows that there had been an administrator on the estate of their father, and that the property sued for had been in the possession of the administrator; that he had put it out of his possession, by pledging it to the defendant in the suit; that he shortly afterwards died.
Now if the administrator, having possession of the effects of his testator, abuses his trust, and uses…
2Cited by5 opinions
- Giddings v. SteeleTexas Supreme Court · 1866
- Youngs v. YoungsTexas Commission of Appeals · 1930
- Foster v. BaileyMassachusetts Supreme Judicial Court · 1892
- Todd v. WillisTexas Supreme Court · 1886
- Simmons v. CampbellCourt of Appeals of Texas · 1919