Turner v. Brown

Court of Appeals of Texas

Turner v. Brown

200 S.W. 1161, 1918 Tex. App. LEXIS 109

CourtCourt of Appeals of Texas

DecidedFebruary 7, 1918

DocketNo. 1914.

StatusPublished

This text of 200 S.W. 1161 (Turner v. Brown) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Turner v. Brown, 200 S.W. 1161, 1918 Tex. App. LEXIS 109 (Tex. Ct. App. 1918).

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Opinion

WILLSON, C. J.

Appellant caused an execution issued on a- judgment he had obtained against one W. O. Brown to be levied on a bale and a half of cotton grown by ap-pellee (a minor son of said Brown) on land he (appellee) rented of one Greer. Appellee claimed to own the cotton, and filed an affidavit and bond to try the right of property therein as provided by the statute. .Article 7769 et seq., Vernon’s Statutes. The judgment appealed from was in his favor. Conceding that appellee 20 years old at the time of the trial, was emancipated by his father when he was 17 years of age, that ever there-afterwards he did business “for himself and in his own name,” and that he rented land and grew the cotton in question thereon at his own sole charge and expense, appellant insists that the cotton, nevertheless, belonged to appellee’s father and was subject to the execution levied on it. That the law is to the contrary of appellant’s contention is well established. 29 Cyc. 1625, 1626, 1628; Furrh v. McKnight, 6 Tex. Civ. App. 583, 26 S. W. 95.

The judgment is affirmed.

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WILLSON, C. J.

Appellant caused an execution issued on a- judgment he had obtained against one W. O. Brown to be levied on a bale and a half of cotton grown by ap-pellee (a minor son of said Brown) on land he (appellee) rented of one Greer. Appellee claimed to own the cotton, and filed an affidavit and bond to try the right of property therein as provided by the statute. .Article 7769 et seq., Vernon’s Statutes. The judgment appealed from was in his favor. Conceding that appellee 20 years old at the time of the trial, was emancipated by his father when he was 17 years of age, that ever there-afterwards he did business “for himself and in his own name,” and that he rented land and grew the cotton in question thereon at his own sole charge and expense, appellant insists that the cotton, nevertheless, belonged to appellee’s father and was subject to the execution levied on it. That the law is to the contrary of appellant’s contention is well established. 29 Cyc. 1625, 1626, 1628; Furrh v. McKnight, 6 Tex. Civ. App. 583, 26 S. W. 95.

The judgment is affirmed.

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Bluebook (online)

200 S.W. 1161, 1918 Tex. App. LEXIS 109, Counsel Stack Legal Research, https://law.counselstack.com/opinion/turner-v-brown-texapp-1918.

Opinion

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