Chubb v. Johnson
Texas Supreme Court
Appeal from Galveston. Suit by Lucy Johnson, by her next friend, against Thomas Chubb and others, including her husband, Owen D. Johnson, to recover certain property which had belonged to the estate of her deceased former husband, whose administratrix she was. The property had been sold to Chubb, the plaintiff and her husband joining in the deed, which was formally acknowledged according to law, for passing the wife’s interest.
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Appeal from Galveston. Suit by Lucy Johnson, by her next friend, against Thomas Chubb and others, including her husband, Owen D. Johnson, to recover certain property which had belonged to the estate of her deceased former husband, whose administratrix she was. The property had been sold to Chubb, the plaintiff and her husband joining in the deed, which was formally acknowledged according to law, for passing the wife’s interest. There was no allegation nor proof that the property was required to pay debts. The grounds on which the plaintiff claimed a recovery, were, 1st, fraud on the part of…
1Opinion of the CourtLipscomb, J.
The jury in the Court below, by their verdict, having found that there was no fraud, on the part of the appellants, the question is reduced to one of authority, in law, on the part of the defendant, or appellee in this Court, Lucy Johnson, to make a valid contract. If she was in a situation, to make a legal contract in relation to the property, the sale of which is the subject of this controversy, the verdict of the jury cannot be sustained, and the judgment thereon must be reversed ;■ if she was under a legal incapacity, that incapacity would sustain the verdict. And there can be no doubt,…
2Cited by4 opinions
- McGriff v. HazleCourt of Appeals of Texas · 1947
- Holliman v. SmithTexas Supreme Court · 1873
- Morris v. HollandCourt of Appeals of Texas · 1895
- Myers v. JonesCourt of Appeals of Texas · 1893