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27 Tex. 541

Moore v. Lowery

Texas Supreme Court

Decided July 1, 1864

Texas Supreme Court · decided 1864-07-01

Tried below before the Hon. Peter W, Gray. Trespass to try title and for damages, instituted by the appellee, Lowery, against Moore, the appellant, on the 26th of July, 1859. The plaintiff claimed in his petition, to be the owner of one-half interest in a certain store house and lot in the town of Huntsville, which was the property in controversy.

Cited by 2 later decisions — most recently April 1920

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1864-07-01

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Bell, J.

¶1There is no error in the judgment of the court below. The plaintiff below showed himself entitled to recover at least one-fourth of the store house and lot in the town of Huntsville described in his petition. There is no error in the charge of the court of which the appellant has any right to complain. Nor did the court err in sustaining the objection to the admissibility of the evidence which the defendant below sought to introduce, for the purpose of proving fraud in the sale made by the marshal. Mere inadequacy of price, unattended by other circumstances, is not sufficient to establish fraud in a sale. The introduction of the testimony might have been embarrassing to the jury, and the court did right to exclude it.

¶2The judgment of the court below is affirmed.

¶3Judgment affirmed.

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