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: 702
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8. Wherever theft of cattle is charged and the evidence is that the
cattle were taken from their accustomed range, the Article 2410 b of
the Code, inflicting a less punishment for theft, should be given in
charge by the court, and, in most cases, the succeeding Article, 2610 c,
should be given-said clause imposing a punishment for removing
cattle from their range where there is no fraudulent intent. Campbell
v. The State, 591.
TRESPASS TO TRY TITLE.
1. In an action of trespass to try title, where defendant has no title
he cannot show in defense that plaintiff had not paid a valuable consideration
for his title. Ann Berta Lodge v. Leaverton, 18.
2. Where several tracts are sued for in trespass to try title, and are
described in the petition by the date and name of the patentees and number
of acres in each tract, a verdict for plaintiff less two of the tracts,
described by name of the grantee, is sufficiently certain to allow of a
a judgment thereon. Wood v. Welder, 396.
3. In absence of proof of the date of the location and survey of the
land sued for, limitation will only run from the date of the patent in
favor of defendant in possession under another title. Id.
1. A search-warrant issued upon an insufficient affidavit, affords no
protection to those charged with committing trespass in execution.
Reed v. Lucas, 529.
2. But when one purchases personal property without taking a bill of
sale, and from another not authorized to sell, when the title to the
property could only pass by written bill of sale, the recaption of the
same by the true owner under color of a search-warrant, though based
on insufficient affidavit, will afford the purchaser no cause of action
against the owner. Id.
3. An unlawful taking or purchase of personal property can never
affect the right of the true owner, when he has done nothing to weaken
or destroy his right. Id.
TRUSTS AND TRUSTEES.
An executor with power to administer without control of the Probate
Court is a trustee for those entitled to take under the will, and before
turning the estate over to the heirs, he had the right to insist upon
bond and security to protect himself against liability for the unpaid
legacy. Stephenson v. McFaddin, 322.
TRIAL BY JURY.
CHARGE OF COURT.
JURY, i, 2, 3, 4.
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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/m1/710/: accessed July 25, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .