A Question of Possession

Along in the 80's there occurred a question of possession in regard to a brand of horses, numbering nearly two hundred head. Courts had figured in former matters, but at this time they were not appealed to, owing to the circumstances. This incident occurred on leased Indian lands unprovided with civil courts,--in a judicial sense, "No-Man's-Land." At this time it seemed that might graced the woolsack, while on one side Judge Colt cited his authority, only to be reversed by Judge Parker, breech-loader, short-barreled, a full-choke ten bore. The clash of opinions between these two eminent western authorities was short, determined, and to the point.

A man named Gray had settled in one of the northwest counties in Texas while it was yet the frontier, and by industry and economy of himself and family had established a comfortable home. As a ranchman he had raised the brand of horses in question. The history of this man is somewhat obscured before his coming to Texas. But it was known and admitted that he was a bankrupt, on account of surety debts which he was compelled to pay for friends in his former home in Kentucky. Many a good man had made similar mistakes before him. His neighbors spoke well of him in Texas, and he was looked upon as a good citizen in general.

Ten years of privation and hardship, in their new home, had been met and overcome, and now he could see a ray of hope for the better. The little prosperity which was beginning to dawn upon himself and family met with a sudden shock, in the form of an old judgment, which he always contended his attorneys had paid. In some manner this judgment was revived, transferred to the jurisdiction of his district, and an execution issued against his property. Sheriff Ninde of this county was not as wise as he should have been. When the execution was placed in his hands, he began to look about for property to satisfy the judgment. The exemption laws allowed only a certain number of gentle horses, and as any class of range horses had a cash value then, this brand of horses was levied on to satisfy the judgment.

The range on which these horses were running was at this time an open one, and the sheriff either relied on his reputation as a bad man, or probably did not know any better. The question of possession did not bother him. Still this stock was as liable to range in one county as another. There is one thing quite evident: the sheriff had overlooked the nature of this man Gray, for he was no weakling, inclined to sit down and cry. It was thought that legal advice caused him to take the step he did, and it may be admitted, with no degree of shame, that advice was often given on lines of justice if not of law, in the Lone Star State. There was a time when the decisions of Judge Lynch in that State had the hearty approval of good men. Anyhow, Gray got a few of his friends together, gathered his horses without attracting attention, and within a day's drive