Epperson v. Young
Texas Supreme Court
Appeal from Bed River. This suit was brought by T. J. W. Gibson, the plainUif’s intestate, to recover from tire possession of the defendant, Young, several negro slaves. Gibson died pending the cause, and the suit was revived in iho name of his administrator.
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Appeal from Bed River. This suit was brought by T. J. W. Gibson, the plainUif’s intestate, to recover from tire possession of the defendant, Young, several negro slaves. Gibson died pending the cause, and the suit was revived in iho name of his administrator. The defendant in his answer acknowledged that he had given to tiie plaintiff a bill of sale for the negroes, but set up various matters in avoidance, all of which were parol agreements, some before and some at the time of executing tiie deed of sale; that the deed was without consideration and given for a different purpose than was…
1Opinion of the CourtLipscoMB, J.
From the statement of tiie facts it is clear that the deed of sale was a fair and valid consideration, or it was made with a view to protect, under its cover, the negroes from tiie creditors of the defendant; and in these two aspects it will be considered.
IIow far parol testimony could be received, where the contract is in writing, to vary and control the contract was pretty fully discussed in the opinion of this court in its comments on Lord Bacon’s rule as to latent and patent ambiguities in the ease of Roberts v. Short, 1 Tex. R., 373; and the conclusion at which wo arrived on principle…
2Cited by5 opinions
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