Norwood v. Boon

Decided July 1, 1858

Texas Supreme Court · decided 1858-07-01

Tried below before Hon. A. O. W. Hicks. Action commenced before a Justice of the Peace by the appellee against the appellant as administrator of the estate of James Le Grand, for a colt valued by the plaintiff, in the account at the institution of the suit, at sixty dollars. Judgment in that Court was rendered in her favor for the colt, or forty dollars, its value. Suit brought 12th day of January, 1856. Judgment rendered 29th day of January, 1856.

Cited by 2 later decisions — most recently March 1913

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1858-07-01

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Wheeler, J.

¶1The instruction asked by the defendant was applicable to the evidence and proper ; and it was error to refuse it. It was for the jury to decide, from the evidence, whether the possession of the defendant’s intestate was adverse to the plaintiff; that is, whether he had the possession and exclusive control, asserting ownership in himself, of the property; and if they had found for the defendant, as they might have done had the charge in question been given, it cannot be said their verdict would not have been warranted by the evidence.

¶2The judgment is reversed and the cause remanded.

¶3Reversed and remanded.