Wright v. Hays' Adm'r
Texas Supreme Court
Appeal from Victoria. March 30th, 1843, action of trespass to try title by John D. Wright ami Margaret T. Wright, his wife, against Peter M. Hays.
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Appeal from Victoria. March 30th, 1843, action of trespass to try title by John D. Wright ami Margaret T. Wright, his wife, against Peter M. Hays. Tire facts were that the plaintiffs were married in Victoria, in 1827 or 1828 ; that in the husband went to the Kio Grande, where he remained uutil about Christmas, 1811, when lie relumed to Victoria, where ho resided with his wife at the time of the trial; that during- his absence, in 1838, a deed was made by one Jose Maria Escalara, to Margaret T. Wriglit, for a half league of land including the locus in quo; that in July, 1841, Margaret T.…
1Opinion of the Court
HEMPHILL, Cii. J.
The only question in this cause is, as to the competency of the wife of the appellant to make the deed of gift to the land in con-She had been abandoned for more than five years previously by her who had sought an asylum on the Rio Grande, under the protection and jurisdiction, de facto, of the enemy. During that period she remained without aid or assistance from him, burthened with the charge of taking care of herself and family — managing the business herself, and bringing suits in her own name, &c. There was evidence that she had a large stock of cattle, and that she was…
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