M. & E. J. Iglehart v. Downs
Texas Supreme Court
Appeal from Anderson. Tried below before the Hon. John H. Reagan. Suit in a Justice’s Court, by appellee against appellants, for a yoke of oxen or their value. Trial by jury ; verdict and judgment for plaintiff. . Certiorari by defendants.
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Appeal from Anderson. Tried below before the Hon. John H. Reagan. Suit in a Justice’s Court, by appellee against appellants, for a yoke of oxen or their value. Trial by jury ; verdict and judgment for plaintiff. . Certiorari by defendants. Plaintiff claimed by purchase from Lavassa, January, 1854 ; and Lavassa claimed by purchase from Edward Peters in the summer or Fall of 1852. Defendants claimed by purchase from William Peters, the father of Edward Peters, in the Spring of 1852. The evidence as to the original ownership was, that in the Fall of 1851, Edward Peters drove his father’s team…
1Opinion of the CourtRoberts, J.
There is no such error in the charge and rulings of the Court, upon the law, (if there be any at all,) as to *245cause a reversal of the judgment. The material question is— Did the Court err in overruling the motion for a new trial ? Both parties prove facts which would constitute a good title to the oxen. Whose title was the oldest is the real point of controversy. On most other parts of the case there is a conflict of testimony. On this there is none. It is shown that Howard & Iglehart, through whom appellants derive title, were in possession of the oxen in the Spring of 1852, under an…
2Cited by1 opinion
- Woodson v. Collins & DouglasTexas Supreme Court · 1882