McClenny v. Floyd's Adm'r
Texas Supreme Court
Appeal from Montgomery. The appellee’s intestate brought suit against the appellants, alleging that in October, 1842, he purchased of McClemiy, for the consideration of $5,000, certain negroes; that McClenny executed to the plaintiff his hill of sale of the negroes, (which was made a part of the petition) and delivered possession in pursuance thereof; that they remained in the plaintiff’s possession until he was forcibly and wrongfully dispossessed of them by the defendants.…
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Appeal from Montgomery. The appellee’s intestate brought suit against the appellants, alleging that in October, 1842, he purchased of McClemiy, for the consideration of $5,000, certain negroes; that McClenny executed to the plaintiff his hill of sale of the negroes, (which was made a part of the petition) and delivered possession in pursuance thereof; that they remained in the plaintiff’s possession until he was forcibly and wrongfully dispossessed of them by the defendants. f * The defendants pleaded, in substance, that the hill of sale was procured from the defendant McClenny by false and…
1Opinion of the CourtWheeler, J.
The questions which it is deemed material to consider arise upon the rulings o£ the court on the pleadings and instructions asked and on the judgment on the merits.
The portions of the answer to which exceptions were sustained, set up as matters of defense that the hill of sale was executed without consideration, and for the sole purpose of enabling the vendee, as agent or trustee for the plaintiff, to regain for him the possession of the negroes from a stranger and wrongdoer, who had forcibly and unlawfully gotten possession of and held them without any claim of right. Was it compietent for…
2Cited by20 opinions
- Moreland v. BarnhartTexas Supreme Court · 1875
- Robinson v. FavilleCourt of Appeals of Texas · 1919
- Ralls v. ParishCourt of Appeals of Texas · 1912
- Dallas Ry. & Terminal Co. v. PriceCourt of Appeals of Texas · 1936
- Pounds v. JenkinsCourt of Appeals of Texas · 1941
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