Legal Opinion

Hawkins v. Lee

Texas Supreme Court

Decided July 1, 1858PublishedCited by 14 opinions

Appeal from Bexar. Tried below before the Hon. Thomas J. Deyine. Suit by appellees against the apjjellant. The petition alleged that the plaintiffs, Martha Jane Lee, and Mary F. James, William K., Ellen S., and Martha J. English, the minor children of said Martha Jane Lee, and her former husband, William K. English, deceased, (and for whom she sued as maternal guardian and next friend,) were the owners of seven slaves, named and described in the petition, and then in the…

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Appeal from Bexar. Tried below before the Hon. Thomas J. Deyine. Suit by appellees against the apjjellant. The petition alleged that the plaintiffs, Martha Jane Lee, and Mary F. James, William K., Ellen S., and Martha J. English, the minor children of said Martha Jane Lee, and her former husband, William K. English, deceased, (and for whom she sued as maternal guardian and next friend,) were the owners of seven slaves, named and described in the petition, and then in the possession of the defendant ; and also that defendant was indebted to plaintiffs, on account of the hire of said slaves,…

1Opinion of the Court

Wheeler, Ch. J.

We are of opinion that the court erred in the sixth instruction, and that the verdict, in so far as it is a response to the sixth and seventh instructions, was contrary to law and the evidence.

It appears that the slave, Zack, was given in exchange for a slave, Peter, which had been given to the former Mrs. Hawkins, by her father, in Mississippi, in 1819. It is agreed, that the common law of England was the law of Mississippi, except as altered or modified by statute. It has not been shown, that there had been any such alteration or modification of the common law, in'…

2Cases cited1 opinion

  1. Nimmo v. DavisTexas Supreme Court · 1851

3Cited by14 opinions

  1. East Line & Red River Railway Co. v. CulbersonTexas Supreme Court · 1887
  2. Putnam v. PutnamArizona Supreme Court · 1890
  3. Crist v. MorganTexas Commission of Appeals · 1922
  4. Johnson v. MortonCourt of Appeals of Texas · 1902
  5. Brown v. BryantCourt of Appeals of Texas · 1897

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