Andrews v. Beck
Texas Supreme Court
Appeal from Hunt. Tried below before the Hon. William 8. Todd. This suit was commenced in the District Court of Kaufman county, on the 19th of September, 1853, by the appellee, against John D. Andrews, of Harris county, Andrew J. Fowler, of Anderson county, and James Eagan, of Kaufman county, for the recovery of a negro woman, Silva, and her children, Lewis and Jim, alleged to have been wrongfully taken from his possession.
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Appeal from Hunt. Tried below before the Hon. William 8. Todd. This suit was commenced in the District Court of Kaufman county, on the 19th of September, 1853, by the appellee, against John D. Andrews, of Harris county, Andrew J. Fowler, of Anderson county, and James Eagan, of Kaufman county, for the recovery of a negro woman, Silva, and her children, Lewis and Jim, alleged to have been wrongfully taken from his possession. Service appeared to have been had upon Andrews and Fowler, but not upon Eagan, while the case was pending in that county. At the Spring Term, 1854, the case was continued,…
1Opinion of the CourtRoberts, J.
The possession of the negroes by Beck, was *458primá facie evidence of ownership, and authorised him to maintain this suit against the defendants below, who took the slaves out of his possession, unless they could establish some superior right in themselves.
This they failed to do. 1st. Because the writ of possession under which the defendants acted, was founded on a judgment in the District Court of Galveston county, which the court correctly declared to be a nullity. The judgment shows upon its face, by the agreement of counsel, inserted in it and made a part of it, that the judge of the first…
2Cases cited1 opinion
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