Leach v. Wilson County

Citations

• 68 Tex. 353
• 4 S.W. 613
• 1887 Tex. LEXIS 695

Syllabus

<p>1. Charge of Court.—In a suit against a county on a county warrant, a charge which, in effect, instructed the jury that if the work for which the warrant was given had been paid for before its issuance, to find for the defendant, was error, when, from the evidence, the jury might have been warranted in finding that the warrant was issued to reimburse another whose property had been used in paying for the work.</p> <p>2. Charge of Court.—It is error to so instruct a jury as to preclude them from considering a theory arising upon the evidence which is rational, consistent with other facts, and which, if believed, might have resulted in a different verdict.</p> <p>3. County Warrant—Notice.—The holder of a county warrant is not charged with notice of any order made by the court with regard to it, after the order directing its issuance.</p> <p>3. Trusts and Trustees.—A trustee can not, by any act which is unknown to the beneficiary in the trust, set the statute of limitation to running against the cestui que trust.</p>