Cheveral v. Bowman

Decided March 5, 1884

Court of Appeals of Texas · decided 1884-03-05

<p>(Note.—Article 1318, Revised Statutes, provides that charges given shall be regarded as excepted to, and subject to revision, without the necessity of taking any bill of exception thereto. This provision of the statute seems to have been overlooked by the court in that portion of the opinion stated in § 115. The cases cited by Presiding Judge White were decided prior to the revision, and when it was required that charges complained of should be objected to at the trial, or they would not be revised, unless it clearly appeared that the jury were misled thereby. See this question discussed and decided in accordance ■with the statute, post, § 135.— Reporter.)</p>

Relies on Love v. Berry · Cook v. Wootters

Decided 1884-03-05

¶1Opinion by

White, P. J.

¶2§ 114. Caveat emptor; applies to administrator’s sale; does not apply to a secret trust. The doctrine of caveat emptor applies to sales made by an administrator. But it can only apply so far as to affect a purchaser at such a sale with notice of everything that he could have ascertained by the use of ordinary diligence. [Love v. Berry, 22 Tex. 371.] It does not apply in favor of a secret trust, which by the use of such ordinary diligence would not have been ascertained.

¶3§ 115. Charge of court; erroneous, will not reverse when. A charge of itself erroneous will not, in a civil case, be sufficient ground for reversal, when no exception is taken, or additional instruction or counter charge asked, unless it clearly appears that the jury were misled by the charge given and complained of. [Cook v. Wooters, 42 Tex. 294; W. & W. Con. Rep. § 710.]

¶4Affirmed.