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18 Tex. 198

McAnelly v. Chapman

Texas Supreme Court

Decided July 1, 1856

Texas Supreme Court · decided 1856-07-01

Error from Travis. Tried below before the Hon. John Hancock. The record in this case was before this Court on the appeal of a co-defendant of the plaintiff in error, at Austin, 1855, reported in 15 Tex. R. 400, Oliver v. Chapman. About the time that suit was brought, and before the service of the writ of sequestration issued in the case, the personal property in controversy was run beyond the jurisdiction of the Court.

Good law ✅— No negative treatment on recordhow we know

Decided 1856-07-01

How this case has been cited

Cited by 3 later decisions — most recently October 2009

3 state decisions

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Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Wheeler J.

¶1The only question presented by the record, not disposed of in the decision of the case of Oliver v. Chapman, upon the same record, is whether the evidence was sufficient to warrant the jury in finding, that McAnelly knew of the plaintiff’s claim to the property, when he carried it off and disposed of it. And we are of opinion that it was. There is nothing in the evidence, to take the case of this party out of the operation of the general principle, that where one buys property, or receives it as bailee, with notice of a claim of title by another adverse to his vendor or bailor, he takes and holds subject to the right of the adverse claimant, though the ostensible title may have been in his vendor or bailor. (Lucket v. Townsend, 3 Tex. R. 119; Greneaux v. Wheeler, 6 Tex. R. 515.) The defendant’s knowledge of the plaintiff’s claim made his taking and carrying off the property an act mala fide, and rendered him responsible to the plaintiff for the value of the property, upon the establishment of the plaintiff’s title, whether the suit by which it was established *200was then or thereafter brought. It is immaterial whether the evidence upon which the plaintiff recovered the property of Oliver was weak or strong, as between the plaintiff and this defendant. He had no claim or pretence of right to the property, other than as Oliver’s bailee or agent, and the recovery against the latter is conclusive against him. There is no error in the judgment and it is affirmed.

¶2Judgment affirmed.

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