B. R. Davis & Bro. v. Saladee
Texas Supreme Court
Appeal from Falls. Tried below before the Hon. X. B. Saunders. August 20, 1875, Davis & Bro. brought this suit against appellees, upon a note made by Abby Thompson, now Abby Saladee, to appellants. Appellees defend upon the ground of the coverture of the said Abby at the time the note was made. Appellants met this with the allegations that, at the time the note was made, she was living separate and apart from her husband, and managing her business as a feme sole.
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Appeal from Falls. Tried below before the Hon. X. B. Saunders. August 20, 1875, Davis & Bro. brought this suit against appellees, upon a note made by Abby Thompson, now Abby Saladee, to appellants. Appellees defend upon the ground of the coverture of the said Abby at the time the note was made. Appellants met this with the allegations that, at the time the note was made, she was living separate and apart from her husband, and managing her business as a feme sole. The evidence was to the following effect: In 1867 Mrs. Saladee married Thompson; they separated in 1872, and had not lived together…
1Opinion of the Court
Watts, J. Com. App.
Both the pleading and evidence show that, at the time of the execution of the note sued on, the appellee, Abby C. Saladee, was living separate and apart from her then husband, Cyrus Thompson. That they had been thus living separate and apart for about two years at the time the note was executed, and they never lived together afterwards; but that soon after the note was given, she was divorced from Thompson and intermarried with Saladee. It appeal’s that from 1872 to her marriage with Saladee, 1875, she was managing and controlling her own business as a -feme sole, and that…
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