Watts v. Johnson
Texas Supreme Court
Appeal from Harris. The appellees, children of Achilles E. C. Johnson and Margaret his wife, minors, hy their guardian, jointly with the said Margaret, brought suit against the appellant to recover a negro woman of which they claimed the ownership. At tiie Spring Term, 1848, the defendant hot Having answered, judgment by default nisi was taken against him.
Read the full summary
Appeal from Harris. The appellees, children of Achilles E. C. Johnson and Margaret his wife, minors, hy their guardian, jointly with the said Margaret, brought suit against the appellant to recover a negro woman of which they claimed the ownership. At tiie Spring Term, 1848, the defendant hot Having answered, judgment by default nisi was taken against him. Afterwards, at the same term, the defendant filed an affidavit, in which lie alleged that lie had a meritorious cause of action; that he was tiie rightful owner of the slave described in tiie plaintiff’s petition by purchase, for a valuable…
1Opinion of the CourtWheeler, J.
For the appellant it is insisted—
1st. That as by the deed of gift under which the plaintiffs claim the plaintiff Margaret was entitled to lhe possession and control of the negroes during the minority of her children, her conveyance to the defendant entitled him to’their possession and control during that period; and that the court erred in refusing the. first, instruction asked by the defendant.
2d. That to entitle, the plaintiff's to recover, they must have averred and proved payment or a tender of the money due upon the mortgage; and that the, court erred in refusing the second and fifth…
2Cited by41 opinions
- In Re Poly-America, L.P.Texas Supreme Court · 2008
- Charles G. Hooks, III v. Samson Lone Star, Limited Partnership, N/K/A Samson Lone Star LlcTexas Supreme Court · 2015
- Moss & Raley v. WrenTexas Supreme Court · 1909
- Love v. WatkinsCalifornia Supreme Court · 1871
- Luco v. De ToroCalifornia Supreme Court · 1891
36 more not listed; retrieve them via the Exa API.