Castleman v. Sherry

Citations

• 42 Tex. 59

Syllabus

<p>1. Instructions—Sale of negro.—A negro woman was sold and delivered in November, 1864, without bill of sale, was held by vendee until emancipation. In a suit by the vendor of the negro for specific performance of a parol contract for sale of a tract of laml whicli by contract was to be part consideration for the negro, possession of which liad been given: Held, error to instruct the jury that a bill of sale was necessary to pass title to the negro, or that plaintiff should show title and right to convey the negro.</p> <p>2. Charge upon weight of evidence.—To charge the jury that evidence of the admissions of a party is dangerous and liable to abuse : Held, error as charge upon the weight of evidence.</p> <p>3. Parol sale of lands—Consideration.—A negro sold and delivered in consideration of land by parol, possession of the laud having been delivered, is sufficient as a payment to take the contract out of the statute of frauds.</p> <p>4. See case of parol sale of land enforced.</p>