Peeler v. Guilkey

• Decision Date: 01 January 1864
• Citation: 27 Tex. 355
• Parties: SARAH PEELER, ADM'X, v. ALFRED GUILKEY, ADM'R.
• Court: Texas Supreme Court

27 Tex. 355

SARAH PEELER, ADM'X,

v.ALFRED GUILKEY, ADM'R.

Supreme Court of Texas.

1864.

To constitute a valid parol gift, possession of the property must unquestionably accompany the gift.

See this case for instructions in reference to the statute of limitations, which were held correct and in strict accordance with the rule recognized by this court when this case was before it on a former appeal. (Guilkey, Adm'r, v. Peeler, Adm'x, 22 Tex., 663.)

If there were other aspects of the law appropriate to the facts not embraced in the charge, it was the duty of the appellant to have presented them to the court and invited its action upon them. Having failed to do so, she cannot complain that they were not brought to the attention of the jury.

APPEAL from Lavaca. Tried below before the Hon. Fielding Jones.

This case was formerly before the supreme court on appeal, and was reversed and remanded. (See 22 Tex., 663.)

On the second trial in the court below the pleadings were substantially the same as on the former trial.

The evidence introduced by the plaintiff was the same as reported, with the additional testimony of Elizabeth Guilkey, which had been excluded on the first trial. She deposed substantially that she knew the boy Nelson; that her sister Rebecca Guilkey claimed him as her property and exercised ownership over him up to her death; that witness had never heard Rebecca Guilkey admit that Nelson was the property of anybody but herself; that Nelson was considered by all that knew anything about the negro to be the property of Rebecca Guilkey; that James Peeler, when he started off to western Texas, took the negro out of the possession of witness and carried him off with him.

G. B. Harris, whose testimony was excluded on the first trial, testified for defendant that he knew the parties and the negroes in eastern Texas; knew nothing about the gift of the negro; saw the negro in possession of Peeler during the year 1852 and up to the death of Rebecca Guilkey; that Rebecca Guilkey died leaving neither father nor mother, nor children, nor descendants; was never married; that the defendant was her sister; that the plaintiff was her brother; that she had two other sisters and one brother; that he never heard James Peeler claim the negro as his property in the presence of any one except his own family; do not know the other heirs of Rebecca Guilkey; that Peeler claimed the negro as his own; never heard him set up any claim in their presence; Peeler worked him on his own farm, and hired him out; directed, commanded and claimed him as his own property; witness saw no difference between his authority over this negro and any other that he, Peeler, had about him; Peeler brought the negro from eastern Texas in the fall of 1853; he claimed and had possession of the negro at that time, and from that time until his death; that since his death his widow, the defendant, has claimed and had the negro in possession; witness never heard any of the family claim the negro until after the death of Peeler.

Parmelia Harris testified for defendant that she had no interest in the result of the suit; that she had signed a release of any interest that she might have; that Rebecca Guilkey was her aunt, and defendant her brother; knew all the parties and the negro; witness had several communications with Rebecca Guilkey during the year 1852, and up to the time of her death, about James Peeler and the negro; during which time she, Rebecca, frequently said that she had given the negro Nelson to James Peeler; that he had done her many kindnesses; had taken care of her; had brought her and her property from Louisiana to Texas. Witness further testified that James Peeler married a sister of Rebecca; he managed her affairs and had possession of her negroes, together with Nelson, at the time of the conversations which witness had with her; Peeler had possession of the negro Nelson during the years 1850, '51...