Roundtree v. Thomas
Texas Supreme Court
Error from Collin. Tried below before the Hon. Hardin Hart. Thomas, the defendant in error, brought this suit to the Fall term (1866) of the District Court of Collin County, on a note for $450, executed by Frances T. Beck. and G-. H. Fitzlmgh, dated April 23d, 1863, and payable to the plaintiff one day after date.
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Error from Collin. Tried below before the Hon. Hardin Hart. Thomas, the defendant in error, brought this suit to the Fall term (1866) of the District Court of Collin County, on a note for $450, executed by Frances T. Beck. and G-. H. Fitzlmgh, dated April 23d, 1863, and payable to the plaintiff one day after date. The petition averred that since the making of the note, Frances T. Beck had married Yoltaire Roundtree, who, therefore, was made a defendant along with his wife and G-. H. Fitzhugh. In view of the opinion of this court there is no occasion to notice f,he defense of failure of…
1Opinion of the CourtLindsay, J.
Upon a note executed by tlie wife while a feme sols, suit was brought against herself and her husband, and judgment rendered against them without qualification. It- is certainly the law of this State that the husband can not be made liable for the debts of the wife contracted before marriage. nevertheless, the separate property of the wife, though placed by law under the control of the husband, is still subject to the payment of her debts contracted prior to the marriage. And it is because of the control which the statute gives the husband over the separate property of the wife during the…
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