Kern v. Cook

The trial court error to holding that plaintiff, Cook, take nothing by his suit when it was shown that Bierman and Vales had possession of the money, which was prima facie evidence of ownership, when it was taken by the Sheriff, and they or their assigns should recover against any one who failed to establish a better title. Sloan v. Sloan, 32 S.W. 2d 513; Randall *362v. Robinson, 172 S.W. 735; Bullard v. Oatman, 271 S.W. 422; 33 Texas Jur. 942, sec. 9.

In August, 1953, petitioner Kern, Sheriff of Harris County, arrested and took into custody Herbert L. Bierman and Peter B. Vales. They, together…