Gage v. Hunter
Court of Appeals of Texas
Appeal from the District Court of Falls County. Tried below before Hon. Sam. E. Scott. Two suits, afterwards consolidated, were brought by Hunter against Gage for pasturage of cattle and foreclosure of a lien on them therefor. Gage and his sureties gave bond to answer for the claim and lien and sold or removed the cattle. Hunter transferred his cause of action to Drought & Co. and Harlan, and they intervened as owners of the claim.
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Appeal from the District Court of Falls County. Tried below before Hon. Sam. E. Scott. Two suits, afterwards consolidated, were brought by Hunter against Gage for pasturage of cattle and foreclosure of a lien on them therefor. Gage and his sureties gave bond to answer for the claim and lien and sold or removed the cattle. Hunter transferred his cause of action to Drought & Co. and Harlan, and they intervened as owners of the claim. Hunter had owned the cattle and they were mortgaged to secure notes given by him to a commission company. Hunter transferred them to Gage and the latter gave his…
1Opinion of the Court
EIDSON, Associate Justice.
This case was tried by the court below without a jury, and while there is a conflict in the testimony on the issue .as to whether the cattle were sold to appellant and became his property or were simply bill-of-saled to him for Hunter’s benefit and in order that his indebtedness to the Strayhom-Hutton-Evans Commission Company might be extended, we are of opinion that the record shows sufficient evidence to support the finding and judgment of the court that said cattle were sold to appellant and became his property.
Appellant’s bond provided as follows: “It is further…
2Cases cited3 opinions
- Cannon v. HemphillTexas Supreme Court · 1851
- Egery v. PowerTexas Supreme Court · 1851
- Carothers v. ThorpTexas Supreme Court · 1858
3Cited by3 opinions
- Tippett v. HickoxCourt of Appeals of Texas · 1922
- Porter v. KahlCourt of Appeals of Texas · 1928
- Tippett v. HickoxCourt of Appeals of Texas · 1922