Underwood v. Coolgrove
Texas Supreme Court
Appeal from Brazoria. Tried below before the Hon. Wm. H. Burkhart. Suit brought on the 19th of April, 1879, by appellee against Ammon Underwood and the firm of Mitchell, Calder & Davidson, composed of John C. Mitchell, Robert J. Calder and Wm.
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Appeal from Brazoria. Tried below before the Hon. Wm. H. Burkhart. Suit brought on the 19th of April, 1879, by appellee against Ammon Underwood and the firm of Mitchell, Calder & Davidson, composed of John C. Mitchell, Robert J. Calder and Wm. L. Davidson, defendants below, for the recovery of one hundred and twenty-nine bonds, or the value thereof, issued by the county of Brazoria, payable to bearer, with coupons attached, in aid of .the H., T. & B. Railway Co., which, the plaintiff alleged, belonged to her and was unlawfully withheld from her by the defendants. The cause was tried by a jury…
1Opinion of the Court
West, Associate Justice.—
The ninth assignment of errors brings under review the action of the - court in refusing the instruction • asked by appellant on the question of limitation. The charge asked was as follows:
“ If you believe, from the evidence, that Underwood held said bonds and converted them to his own use in 1867, and that said Underwood used no fraudulent means to conceal said conversion, and that said plaintiff might — by use of ordinary diligence — have discovered such conversion, then limitation begins to run against plaintiff as soon as she, by the use of ordinary diligence,…
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