Reed v. Lucas

Citations

• 42 Tex. 529

Syllabus

<p>1. Search-warrant—Trespass. A search-warrant issued upon an insufficient affidavit, affords no protection to those charged with committing trespass in its execution.</p> <p>2. Recaption op personal, property. 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.</p> <p>3. Unlawful purchase can never affect title. An unlawful talcing 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.</p>