Fellman v. Smith
Texas Supreme Court
Error from Travis. Tried below before the Hon. Thomas H. DuVal. The facts are stated in the Opinion. The invoice referred to purported to be an invoice of property sold by H. 8. Smith to S. W. Johnson on the 27th of August, 1855, at Gronzales. It included merchandise and four horses, harness, wagon, &c., amounting in all to $1390 30.
1Opinion of the CourtRoberts, J.
This is an action brought by H. S. Smith against Walker & Fellman, to recover damages for the taking of a wagon and harness by Walker, as a constable, by virtue of an execution in favor of Fellman against S. W. Johnson.
The question on the trial was, whether the property belonged to Johnson or H. S. Smith. The property having been seized, while in the possession of Johnson, the burthen of proof rested on Smith.
Smith proved by a witness, that he bought the property from his brother, R. R. Smith, and that some time in the year 1855, *100but at what time of the year does not appear with any…
2Cited by3 opinions
- Memphis Cotton Oil Co. v. GoodeCourt of Appeals of Texas · 1914
- Smith v. BriggsCourt of Appeals of Texas · 1943
- Memphis Cotton Oil Co. v. GoodeCourt of Appeals of Texas · 1914