Todd v. Dysart
Texas Supreme Court
Error from Shelby. Tried below before the Hon. A. W. O. Hicks. This suit was brought by William Todd, against the defendant in error, administrator of William Todd, deceased, who was the father of the plaintiff, for the recovery of two negro slaves, named Frank and Sarah, which the plaintiff claimed in his own right. The defendant, as administrator, claimed them as belonging to the estate.
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Error from Shelby. Tried below before the Hon. A. W. O. Hicks. This suit was brought by William Todd, against the defendant in error, administrator of William Todd, deceased, who was the father of the plaintiff, for the recovery of two negro slaves, named Frank and Sarah, which the plaintiff claimed in his own right. The defendant, as administrator, claimed them as belonging to the estate. The proof showed, that the slaves had originally belonged to the deceased, who conveyed the same, by deed, to the plaintiff, and also delivered them. The plaintiff, at the time he thus acquired them, was…
1Opinion of the CourtWheeler, C. J.
It is not perceived, that the charge of the court is obnoxious to the objection, that it is a charge upon the weight of evidence. If the proposition, that the admissions of William Todd, senior, that the slaves in controversy were the property of the plaintiff, William Todd, junior, was not sufficient evidence of William Todd, junior’s property in the slaves, unless the jury were satisfied, from the whole evidence, that the property did in fact belong to him, stood alone, unqualified by other portions of the charge, it might be obnoxious to objection. It might with reason be contended, that…
2Cases cited1 opinion
- Miller v. ThatcherTexas Supreme Court · 1853
3Cited by3 opinions
- Rogers v. CrainTexas Supreme Court · 1867
- Schneider & Davis v. StephensTexas Supreme Court · 1883
- State v. GirdnerCourt of Appeals of Texas · 1956