Bergen v. Producers' Marble Yard

Walker, Associate Justice.

Both parties claim the stock of marble in controversy under one J. T. Smith. It is shown that in 1882 and 1883 J. T. Smith and his brother, Cy. T. Smith, were in the tombstone business in the town of Cleburne. In October, 1883, Cy. T. disposed of his interest in the business and moved to Jasper County, Mo. J. T. continued, and on September 22, 1884, he left for the alleged purpose of having a surgical operation performed, and with no definite time for his return. He left one or more persons in charge of the business, which was kept open until November 1. September 29…