Mayfield v. Averitt's Adm'r
Texas Supreme Court
Appeal from Fayette. Suit by the appellee against the appellants for the value of certain negroes. It appeared that Averitt had given Mayfield a bill of sale of the negroes, and taken a separate defeasance. The bill of sale was recorded, but the defeasance was not. Mayfield sold to Ward, his co-defendant; and the petition alleged that 6 Ward knew that Averitt laid claim to the negroes.” There was a general demurrer, which was overruled, and a general denial.
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Appeal from Fayette. Suit by the appellee against the appellants for the value of certain negroes. It appeared that Averitt had given Mayfield a bill of sale of the negroes, and taken a separate defeasance. The bill of sale was recorded, but the defeasance was not. Mayfield sold to Ward, his co-defendant; and the petition alleged that 6 Ward knew that Averitt laid claim to the negroes.” There was a general demurrer, which was overruled, and a general denial. The proof was that one of the witnesses, who had seen the defeasance, had told Ward that Averitt claimed the negroes, and advised him…
1Opinion of the CourtLipscomb, J.
The appellants suppose the Court below erred in overruling their general demurrer to the petition, because the averment, or allegation, that Ward had purchased with notice of the claim to the property purchased by him, is *141not sufficiently explicit to charge him with notice; that the petition only charges that “ Ward knew that Averitt laid claim to the negroes,” and did not state the character of the claim. This, if a defect, is not such as would go to the foundation of the action, and show that there was no cause of action ; and any defect in the form of the allegation, should have been…
2Cited by6 opinions
- Logan v. AikenCourt of Appeals of Texas · 1938
- Llano Improvement & Furnace Co. v. CrossCourt of Appeals of Texas · 1893
- Light v. WilsonTexas Supreme Court · 1983
- Light v. WilsonTexas Supreme Court · 1983
- Logan v. AikenCourt of Appeals of Texas · 1938
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