Gay v. Halton
Court of Appeals of Texas
Appeal from Rusk. Tried below before Hon. A. J. Booty. H. M. Gay was a white man and America Gay is a negro woman. Before emancipation she was his slave, and while such slave he began cohabiting with her and had children by her. After emancipation they continued to live together as before and more children were born to them.
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Appeal from Rusk. Tried below before Hon. A. J. Booty. H. M. Gay was a white man and America Gay is a negro woman. Before emancipation she was his slave, and while such slave he began cohabiting with her and had children by her. After emancipation they continued to live together as before and more children were born to them. H. M. Gay in 1858 owned about 1400 acres of land in one tract, and thereafter lived on some part of the tract with America Gay and their children (these interveners), selling off portions of same from time to time, until in 1873 he had left only two hundred acres, of…
1Opinion of the Court
GAINES, Associate Justice.
The facts of this case are fully shoivn by the findings of the judge before whom the case was tried without a jury. They are as follows: In 1853 one H. M. Gay became the oAvner of a tract of land of which that in controversy forms a part. He Avas never married. In 1858, in order to hinder and delay his creditors, he conveyed the entire tract to one Campbell, who lived in the State of Georgia. Campbell never intended to claim the 'land against Gay, but the land Avas never reconveyed to the latter. Gay remained in possession until the year 1881 or 1882, rvhen he died…
2Cases cited1 opinion
- Lane v. PhilipsTexas Supreme Court · 1887
3Cited by1 opinion
- Oakes Witt v. ThompsonCourt of Appeals of Texas · 1910