Black v. Black
Texas Supreme Court
Appeal from Titus. Tried below before the Hon. B. T. Estes. Suit was instituted by appellee against 0. S. Black, for the recovery of a tract of land described in her amended original petition, for rents claimed by her for use of same, and for the value of certain personal property described in her amended petition.
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Appeal from Titus. Tried below before the Hon. B. T. Estes. Suit was instituted by appellee against 0. S. Black, for the recovery of a tract of land described in her amended original petition, for rents claimed by her for use of same, and for the value of certain personal property described in her amended petition. She alleged that her husband, E. P. Black, had abandoned her on the 27th day of November, 1880, and also such other facts in connection with the abandonment. as she claimed entitled her to sue alone. She alleged ownership of the land in controversy by herself and husband at the…
1Opinion of the Court
West, Associate Justice.
Under the special facts of this case, as disclosed by the record, there can be no question but that the wife can both institute and defend a suit when such action becomes necessary for the protection of herself or property, without the joinder of her husband. Ryan v. Ryan, 61 Tex., 474, 475.
The appellee was not a party to the judgment and decree, obtained by the appellant against Hargrove and his wife, for the foreclosure of the vendor’s lien on the land in controversy.
Neither she nor her husband are named in, or bound by, the decree. Nor is the title, or claim, there…
2Cases cited4 opinions
- Slaughter v. OwensTexas Supreme Court · 1884
- Schmeltz v. GareyTexas Supreme Court · 1878
- Lockhart v. Ward, Dewey & Co.Texas Supreme Court · 1876
- Davis v. RankinTexas Supreme Court · 1878
3Cited by9 opinions
- Noel v. ClarkCourt of Appeals of Texas · 1901
- El Paso Electric Co. v. De GarciaCourt of Appeals of Texas · 1928
- Fermier v. BrannanCourt of Appeals of Texas · 1899
- Missouri, Kansas & Texas Railway Co. v. HenneseyCourt of Appeals of Texas · 1899
- Bennett v. MontgomeryCourt of Appeals of Texas · 1893
4 more not listed; retrieve them via the Exa API.