Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42. Page: 209
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1875.] WEEMS v. LATHROP. 209
Statement of the case.
" first Tuesday in January, 1860, and report his action to the
" next term of this court."
Under this order the receiver hired the slaves for that year,
but made no report of hiring until the April term, 1865, when
he reported a hiring for the year 1864, " and all parties to the
' suit being represented in court, and making no objection,
"the hiring (or report) was approved, and then, for reasons
' recited in the record, the parties agreed to a private hiring
; from year to year until further ordered by the court, and the
" receiver was to make report of the terms of hiring at the
" Spring term of the court each year."
At the January term, 1871, it was made to appear to the
court that the receiver, Brooks, had died; when an order was
made appointing A. S. Lathrop "receiver as to all the prop(
erty in controversy in said suit, upon his giving bond," etc.,
which he did.
September, 1872, Lathrop, as receiver under the above
appointment, instituted this suit against Weems as one of
Brooks' sureties, on his bond given under the judge's order,
made in chambers in December, 1858; alleging the death of
Brooks, and that his wife is acting as his executrix; that his
estate is insolvent, and that Jones, the other surety, is dead
and insolvent, and making no one party defendant except
Brooks took possession of the slaves, and, on the first Tuesday
in January, 1859, hired them out at the aggregate of six
thousand dollars or more. At the October term, 1859, Brooks
was ordered to hire out the slaves for the year 1860, the hiring
to take place on the first Tuesday in January, 1860. Of the
hiring Brooks made no report. Brooks continued to act as
receiver until his death, in 1870 .
After amendments to the pleading by both parties, the cause
came on for trial on the seventh day of October, 1873. General
and special demurrers were overruled as to so much of the
petition as sought to recover the hire of said trust negroes for
the years 1859 and 1860, the court restricting the plaintiff
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42., book, 1881; St. Louis, Mo.. (texashistory.unt.edu/ark:/67531/metapth28531/m1/217/: accessed October 16, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .