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· 7/1/1873

Parker's Administratrix v. Nolan

Citations

  • 37 Tex. 85

Syllabus

<p>1. When personal property has been sold with warranty of title, and the purchaser is sued for the property by a third party, the seller has the right to intervene and defend the suit.</p> <p>2. A general assignment as error that the court below erred in the charge to the jury, when the charge is an elaborate one, is too vague and indefinite to demand much consideration. The particular matter complained of should be specifically pointed out by the assignment.</p> <p>3. Previous to her marriage with one P., since deceased, the intervener owned a stock of cattle, branded in her own peculiar brand. After the marriage, P. recognized the stock as her separate property, by having the brand recorded as her brand, and by repeated declarations that the stock was her property ; and he also branded the increase of the stock in her brand. Held, that these facts evidenced an intention on the part of P. to donate to his wife all the interest he might have in the increase ; and this it was competent for him to do, unless he did so for a fraudulent purpose.</p>

Judges: Ogden

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