24 Tex. 612 | Tex. | 1859
We are of opinion, that the court below did not err in refusing to instruct the jury in accordance with the request of the counsel for the plaintiff in the execution. The instructions asked, certainly had no application to the case. If the defendant in the execution, John S. Hubbard, held the negro man in controversy, as the agent, or trustee, or bailee of another person, and the real owner of the slave was not present to protect the property from the execution, it was proper that the agent, or trustee, or bailee, should assert the rights of the real owner, in such manner as to prevent the sale of the property. The statute establishing the method of trying the right of property levied on under writs of execution, expressly provides that the affidavit may be made and the bond executed by the agent of the person who claims the property.
We think there was no error in the rulings of the court, and that the verdict of’the jury is sustained by the testimony. The judgment of the court below is therefore affirmed.
Judgment affirmed.