Phelps v. Brackett
Texas Supreme Court
Appeal from Bexar. Tried below before the Hon. E. J. Davis. This was a suit by J. H. Phelps, against Emily W. Brackett, on a promissory note for $1200, executed by O. B. Brackett and the defendant.
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Appeal from Bexar. Tried below before the Hon. E. J. Davis. This was a suit by J. H. Phelps, against Emily W. Brackett, on a promissory note for $1200, executed by O. B. Brackett and the defendant. The petition alleged the making and delivery of the note; the death of O. B. Brackett; that the defendant “ filed, in the County Court of Bexar county, her inventory of the community property of herself and the deceased, as required by law,” whereby she became liable to pay, &c.; but did not set forth whether she was a married woman or a feme sole, at the date of the making of the note, or at any…
1Opinion of the CourtRoberts, J.
The judgment, as originally rendered, subjects both the community and separate property of the defendant. The petition does not state that the defendant was a feme covert, at the time of the execution of the note. Had she moved to arrest the judgment, so far as it subjected the community property, the motion might have been properly sustained. The petition does state a good cause of action, as a feme sole, and therefore her property is liable for it. Sustaining the motion, therefore, to arrest the judgment, as to the separate property, was erroneous. The judgment must be reversed and…
2Cited by9 opinions
- Hamlett v. CoatesCourt of Appeals of Texas · 1915
- Langley v. NorrisCourt of Appeals of Texas · 1942
- Gamel v. City Nat. Bank of Colorado Tex.Texas Commission of Appeals · 1924
- Caldwell v. BrownTexas Supreme Court · 1875
- Ellis v. Howard Smith Co.Court of Appeals of Texas · 1904
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