Rhodes v. Gibbs
Texas Supreme Court
Appeal from Walker. Tried below before the Hon. J. R. Burnett. This is a suit by Gibbs & Gibbs on the note of J. F. Rhodes and wife to them, dated sixteenth of October, 1866, due the first day of January, 1869, and to foreclose-a mortgage given by Rhodes, and wife on the day after the date of the note on certain lands of the, community, but mostly of the separate property of the wife, to secure-the payment of the debt, and another debt of the husband therein named, to which…
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Appeal from Walker. Tried below before the Hon. J. R. Burnett. This is a suit by Gibbs & Gibbs on the note of J. F. Rhodes and wife to them, dated sixteenth of October, 1866, due the first day of January, 1869, and to foreclose-a mortgage given by Rhodes, and wife on the day after the date of the note on certain lands of the, community, but mostly of the separate property of the wife, to secure-the payment of the debt, and another debt of the husband therein named, to which the wife was not a party. The petition set up the death of the husband after-wards ; that the wife had qualified as…
1Opinion of the CourtWalker, J.
The mortgage of the wife of her separate estate, which might be good in equity, might not be *440good under our statute ; she could pledge her property for the payment of her husband’s debts; she could give it to him, or she could appoint it to his use. But courts of equity would nevertheless exercise the strictest scrutiny over all such acts of the wife, holding them void if there was any appearance of fraud, coercion or undue influence to bring them about. But under our statute a mode is prescribed for the conveyance of her property, and unless this be followed, the wife can only bind her…
2Cases cited10 opinions
- Covington v. BurlesonTexas Supreme Court · 1866
- Menard v. SydnorTexas Supreme Court · 1867
- Shelby v. BurtisTexas Supreme Court · 1857
- Sampson v. WilliamsonTexas Supreme Court · 1851
- Trimble v. MillerTexas Supreme Court · 1859
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Pippen v. . WessonSupreme Court of North Carolina · 1876
- Poe v. HallCourt of Appeals of Texas · 1922
- Gamel v. City Nat. Bank of Colorado Tex.Texas Commission of Appeals · 1924
- Harris v. WilliamsTexas Supreme Court · 1875
- Red River Nat. Bank v. Ferguson.Court of Appeals of Texas · 1917
7 more not listed; retrieve them via the Exa API.