Farr v. Wright
Texas Supreme Court
Error from Hunt. Tried below before the Hon. Wm. S. Todd. This was a suit brought by M. H. Wright and H. Hart against Farr and his wife, Louisa F., on the promissory note of the husband given by him for the purchase money of a tract of land deeded to the wife. Ho other facts were alleged fixing the wife’s responsibility.
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Error from Hunt. Tried below before the Hon. Wm. S. Todd. This was a suit brought by M. H. Wright and H. Hart against Farr and his wife, Louisa F., on the promissory note of the husband given by him for the purchase money of a tract of land deeded to the wife. Ho other facts were alleged fixing the wife’s responsibility. Following the prayer of the petition, judgment by default was rendered against both defendants for the amount of the note, and ordering the sale of the land. Defendants prosecuted this writ of error, assigning among other things that the court erred in rendering a judgment…
1Opinion of the CourtMoore, J.
The judgment in this case is obviously erroneous. The suit was brought on the individual note of the husband, J. Fan-. There are no facts alleged in the petition making the wife in any manner responsible for the debt. That the title to the land in consideration of which the note was given by the husband Was executed to the wife does not justify a personal judgment against her for the amount due upon the note. (Lynch v. Bikes, 21 Tex., 229.) The judgment by default was tantamount to a decree pro confesso, (Ricks v. Pinson, 21 Tex., 507, and cases therein cited,) and authorized a decree,…
2Cases cited2 opinions
- Lynch v. ElkesTexas Supreme Court · 1858
- Ricks v. PinsonTexas Supreme Court · 1858
3Cited by5 opinions
- Austin, Commissioner v. StrongTexas Supreme Court · 1928
- Graham v. CarmanyCourt of Appeals of Texas · 1927
- Beshears v. TalbotCourt of Appeals of Texas · 1922
- Akin v. ThompsonCourt of Appeals of Texas · 1917
- Fitts v. StoneTexas Supreme Court · 1942