Swinney, Green & Co. v. Booth
Texas Supreme Court
Appeal from Navarro. The case was tried before Hon. John G-regg, one of the district judges. This case was a trial of the right of property, between the appellants, as plaintiifs in execution, and thé appellee, as claimant under the statute.
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Appeal from Navarro. The case was tried before Hon. John G-regg, one of the district judges. This case was a trial of the right of property, between the appellants, as plaintiifs in execution, and thé appellee, as claimant under the statute. (Paschal’s Dig., Art. 5310, Note 1155.) On the 18th of April, 1857, the appellants recovered a judgment against John Booth, who is the husband of the appellee, for nearly $1,900. On the 28th of the same month an execution issued on the judgment, and a levy of the same was made on two negroes, as the property of John Booth. In September following, the…
1Opinion of the CourtMoore, C. J.
—The charge given by the court correctly announced the legal principles applicable to the issues involved in the case. The jury were instructed that the burden of proof was upon the, claimant, and that it was incumbent upon her to establish the facts upon which she relied to sustain her claim to the property in controversy. There was no reason for reiterating the law in this particular by the charge asked by the plaintiffs in execution, even if the language in which their proposed instruction was couched had been altogether unexceptionable. - This, however, was not the case. It is asked by…
2Cited by5 opinions
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- Hurst v. StateCourt of Criminal Appeals of Texas · 1898