Davis v. Loftin
Texas Supreme Court
Appeal from Rnsk. The appellee sued the appellant to recover tlie possession of a negro alleged to liave been purchased by the plaintiff of one Monroe, and to have been “decoyed, taken, and carried away” from his possession by the defendants, and by them wrongfully withheld from the plaintiff, said negro being tlie property of the plaintiff, of tlie value of eight hundred dollars. The defendant.
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Appeal from Rnsk. The appellee sued the appellant to recover tlie possession of a negro alleged to liave been purchased by the plaintiff of one Monroe, and to have been “decoyed, taken, and carried away” from his possession by the defendants, and by them wrongfully withheld from the plaintiff, said negro being tlie property of the plaintiff, of tlie value of eight hundred dollars. The defendant. Wiley P. Davis, answered, (at the Pall Term, 1848,) disclaiming the ownership of the negro, but stating that he formerly,did own him hnt sold him in 1845 to one William G. Davis. ‘'He denied that he…
1Opinion of the Court
IViieeleb. J.
IVe have repeatedly decided that rulings of the court in respect to immaterial and irrelevant matters, though erroneous, will not authorize a reversal of judgment; and we have refused to revise such rulings.
*249Were the rulings complained of in this case material? And, first, in respfect to the bills of sale aiul the deposition of McLennan. Did the plaintiff’s right to recover depend in any measure upon those bills of sale and that deposition? The plaintiff’s possession by virtue of his purchase from Monroe was fully proved, and, indeed, it was not denied otherwise than by a general…
2Cited by15 opinions
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- Stevens & Andrews v. Gainesville National BankTexas Supreme Court · 1884
- Pridgen v. HillTexas Supreme Court · 1854
- Ayers v. HarrisTexas Supreme Court · 1885
- Texarkana & Fort Smith Railway Co. v. Texas & New Orleans Railway Co.Court of Appeals of Texas · 1902
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