Swan v. Larkin
Court of Appeals of Texas
Appeal from Brewster. Tried below before Jay Good, Esq., Special Judge. 1. If the cattle, prior to plaintiff’s levy, were actually delivered to Swan by any such acts with reference to the property delivered as would constitute a delivery under the circumstances that existed at the time with reference to said cattle, the same would be a valid sale of said cattle, without reference to where they were.
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Appeal from Brewster. Tried below before Jay Good, Esq., Special Judge. 1. If the cattle, prior to plaintiff’s levy, were actually delivered to Swan by any such acts with reference to the property delivered as would constitute a delivery under the circumstances that existed at the time with reference to said cattle, the same would be a valid sale of said cattle, without reference to where they were. See authorities below. 2. The court erred in charging the jury, “that as a matter of law, cattle running in pastures from ten to sixty thousand acres each, with various other cattle, and belonging…
1Opinion of the Court
FLY, Associate Justice.
Appellee issued an execution to enforce the collection of a judgment that he had against Dubois So Wentworth, and it was levied on certain cattle in Brewster County. Appellant Swan filed a claimant’s oath and bond, and a trial of the right of property was had, which resulted in a verdict and judgment against Swan and his sureties on the claim bond, and this appeal was prosecuted. The record is very voluminous, and has entailed much labor in investigating unnecessary matter. We conclude, however, that the points hereinafter discussed are all that demand attention.
The…
2Cases cited8 opinions
- Wells v. LittlefieldTexas Supreme Court · 1883
- Gunter & Summerfield v. CobbTexas Supreme Court · 1891
- Prude and Rice v. CampbellTexas Supreme Court · 1892
- Rankin v. BellTexas Supreme Court · 1892
- Nance v. Barber and JacksonCourt of Appeals of Texas · 1894
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3Cited by6 opinions
- Brumley Estate v. Iowa Beef Processors, Inc.Court of Appeals for the Fifth Circuit · 1983
- Guedry v. JordanCourt of Appeals of Texas · 1924
- Brumley Estate v. Iowa Beef Processors, Inc.Court of Appeals for the Fifth Circuit · 1983
- Powell v. StephensonCourt of Appeals of Texas · 1916
- Susie Nelms Gass v. Luke Leon Coffee, Texas Court of Appeals, 3rd District (Austin)2001
1 more not listed; retrieve them via the Exa API.