Legal Opinion

Travis v. Willis

Mississippi Supreme Court

Decided April 15, 1878PublishedCited by 2 opinions

Error to the Circuit Court of Hinds County. Hon. S. S. Calhoon, Judge. Lucretia Travis, the plaintiff in error, was the widow of B. T. E. Mabry, in 1862, and, being indebted to B. H. Brumby, .gave her note for the amount of the debt. In 1863 she married her present husband, W. W. Travis.

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Error to the Circuit Court of Hinds County. Hon. S. S. Calhoon, Judge. Lucretia Travis, the plaintiff in error, was the widow of B. T. E. Mabry, in 1862, and, being indebted to B. H. Brumby, .gave her note for the amount of the debt. In 1863 she married her present husband, W. W. Travis. Mrs. Travis, having been sued on her note to Brumby, appeared in open court on November 5, 1866, waived the issuance and service of a summons, and with the consent of her husband, who ivas also a defendant, confessed a judgment in favor of the plaintiff for the amount of the note sued on, with interest, to be…

1Opinion of the CourtSimrall, C. J.

The married woman’s law is enabling, partially emancipating the wife from the disabilities of coverture. The statute confers legal rights, and in general terms defines her dominion over her property and her capacity to subject it to her contracts. She may sue and be sued, jointly with her husband or separately, on all contracts or other matters for which her individual property is liable. Code, sec. 1783.

After defining the capacity of a married woman to contract during coverture, and thereby make liable her property owned at the time of the marriage and subsequently acquired, the statute, in…

2Cases cited3 opinions

  1. President of the Peru v. BradshawIndiana Supreme Court · 1855
  2. Gage v. ReedNew York Supreme Court · 1818
  3. Cole v. SeeleySupreme Court of Vermont · 1853

3Cited by2 opinions

  1. Coe v. RitterSupreme Court of Missouri · 1885
  2. First National Bank of Commerce v. SimmonsCourt of Appeals of Georgia · 1934

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