Legal Opinion

Brewer v. Blanton

Texas Supreme Court

Decided October 19, 1886No. Case No. 2041PublishedCited by 12 opinions

Appeal from Nacogdoches. Tried below before the Hon. B. S. Lovett, Special Judge. This was a trial of the right of property to a quantity of seed cotton valued at $101.77. January 18, 1886, the property was seized under an execution upon a judgment in favor of plaintiff in the case, of H. E. Brewer & Co. ®. Joshua Mchols. It was claimed by appellees under a contract of sale which appears in the opinion of the court.

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Appeal from Nacogdoches. Tried below before the Hon. B. S. Lovett, Special Judge. This was a trial of the right of property to a quantity of seed cotton valued at $101.77. January 18, 1886, the property was seized under an execution upon a judgment in favor of plaintiff in the case, of H. E. Brewer & Co. ®. Joshua Mchols. It was claimed by appellees under a contract of sale which appears in the opinion of the court. The trial in the justice court resulted in favor of plaintiffs, Brewer & Co. Upon appeal to the district court, with a bond in the name of H. E. Brewer, the trial de novo resulted…

1Opinion of the Court

Stayton, Associate Justice.

The appellees claimed to have purchased the cotton levied upon, from Mchols, who raised the same on his farm during the year 1885. The instrument by which they claim to have made the purchase was as follows:

“State of Texas, }

Countt of Busic. } Know all men by these presents, that I, Joshua Mchols, of the county of ¡Nacogdoches and state of Texas, have this day, for and in consideration of the sum of $175 in hand paid, bargained, sold and conveyed, and by 'these presents do convey unto Blanton & Devereaux, of the county of Busk and state of Texas, my entire crop of…

2Cited by12 opinions

  1. Texas Farm Bureau Cotton Ass'n v. StovallTexas Supreme Court · 1923
  2. Big Four Ice & Cold Storage Co. v. WilliamsCourt of Appeals of Texas · 1928
  3. Hopkins v. PartridgeTexas Supreme Court · 1888
  4. Farmers' Rice Milling Co. v. Standard Rice Co.Texas Commission of Appeals · 1925
  5. John E. Morrison & Co. v. MurffCourt of Appeals of Texas · 1919

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