Sebastian v. Cheney

BROWN, Associate Justice.

Cheney sued Sebastian in the District Court of Grayson County to recover damages for malicious prosecutions of plaintiff, alleged to have been caused and maintained by defendant with malice and without probable cause.

Defendant answered, alleging, that the plaintiff had rented land from him under a contract that he, plaintiff, would cultivate and gather the crop upon the land and deliver to defendant one-fourth of the cotton raised thereon; that plaintiff had sold about $96 worth of the cotton, had appropriated the defendant’s interest (one-fourth part) to his own use,…