Love v. Wyatt
Texas Supreme Court
• Appeal from Rusk. Tried below before the Hon. William W. Morris. Suit by appellee, administrator of Robert Woocjall, against John Woodall, to recover a slave named Moses.
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• Appeal from Rusk. Tried below before the Hon. William W. Morris. Suit by appellee, administrator of Robert Woocjall, against John Woodall, to recover a slave named Moses. An amended petition alleged that the estate of said Robert Woodall, deceased, is' largely indebted to James A. S. Parsons and many other persons residing in the States of Texas and Arkansas, insomuch that the same is wholly insufficient to pay them, and will be hopelessly insolvent without said negro slave Moses shall be adjudged to belong to said estate, and be held as assets in his hands to pay said debts. And plaintiff…
1Opinion of the CourtWheeler, J.
This is not a case of conflicting testimony. The evidence going to the question of title was all one way. True, the possession of the plaintiff’s intestate, at the time of his death, creates the presumption of ownership ; and it devolved on the defendant to rebut that presumption by proof of title in himself. There was no conflict in the evidence on the question of title. Whether it was sufficient to overcome the presumption arising from possession, and to satisfy the *316jury that the title really was in the defendant, was a question for their decision ; it was the only question for them to…
2Cited by2 opinions
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