Templeman v. Gibbs

STAYTON, Chief Justice.

— The statement and questions arising thereon certified by the Court of Civil Appeals are as follows:

“ In the fall of 1885 the appellant entered into an oral agreement with Mrs. M. J. Ward, the wife of A. J. Ward, by which he delivered to her, upon her farm in Walker County, 239 head of sheep, which were put with 172 head of sheep, the separate property of said M. J. Ward, in a common flock; and appellant having more sheep than Mrs. Ward, their interests were equalized by the care, control, and keeping of the sheep by Mrs. Ward, and they became equal owners of the…