Walmsley v. Hubbard
Texas Supreme Court
Appeal from Calhoun. Tried below before the Hon. Fielding Jones. This was an action to try the right of property in a certain slave, levied on to satisfy an execution in favor of John Walmsley against John S. Hubbard and others, on the 12th of September, 1859. John S. Hubbard, the defendant in the execution, made claim to the slave, in behalf of and as agent for his mother, Sarah Hubbard, and made the oath, and gave the bond, provided for by the statute regulating such…
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Appeal from Calhoun. Tried below before the Hon. Fielding Jones. This was an action to try the right of property in a certain slave, levied on to satisfy an execution in favor of John Walmsley against John S. Hubbard and others, on the 12th of September, 1859. John S. Hubbard, the defendant in the execution, made claim to the slave, in behalf of and as agent for his mother, Sarah Hubbard, and made the oath, and gave the bond, provided for by the statute regulating such proceedings. The testimony showed, that John S. Hubbard had had possession of the slave since the month of August, 1857, up…
1Opinion of the CourtBull, J.
We are of opinion, that the court below did not err in refusing to instruct the jury in accordance with the request of the counsel for the plaintiff in the execution. The instructions asked, certainly had no application to the case. If the defendant in the execution, John S. Hubbard, held the negro man in controversy, as the agent, or trustee, or bailee of another person, and the real owner of the slave was not present to protect the property from the execution, it was proper that the agent, or trustee, or bailee, should assert the rights of the real owner, in such manner as to prevent the…
2Cited by3 opinions
- Ex parte RobertsonCourt of Appeals of Texas · 1889
- Carr v. TuckerTexas Supreme Court · 1874
- Dawedoff v. HooperCourt of Appeals of Texas · 1916