Wingate v. Wingate
Texas Supreme Court
Appeal from Polk. Suit brought, October 1st, 1849, by R. P. Wingate, who resided in Mississippi, against E. T. Wingate for a man slave, Boston, of the age of twenty-five years, and of the value of $1000. The petition was in the form of a declaration in trover. General demurrer, plea of the statute of limitations, and general denial; amended by plea of no demand.
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Appeal from Polk. Suit brought, October 1st, 1849, by R. P. Wingate, who resided in Mississippi, against E. T. Wingate for a man slave, Boston, of the age of twenty-five years, and of the value of $1000. The petition was in the form of a declaration in trover. General demurrer, plea of the statute of limitations, and general denial; amended by plea of no demand. Amendment to petition, claiming hire under a contract annexed, at the rate of six dollars a month, from the 8th of April, 1841, and averring a demand on the 5th August, 1847, and refusal to deliver. Second amendment to petition,…
1Opinion of the CourtLipscomb, J.
The plaintiff in the Court below, who is the appellee in this Court, brought suit against the appellant, to recover a negro slave named Boston. The plaintiff claimed title by purchase from his father, Walter Wingate, with a reservation that the father was to retain the use of the slave , during his life. The defendant set up the plea of the statute of limitations; and, to avoid the statute of limitations, the plaintiff offered in evidence, an agreement signed by the defendant, as follows, i. e. “ I acknowledge to have received of “ my father, Walter Wingate, sen’r, his negro boy Boston, for “…
2Cases cited1 opinion
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