Shelby v. Perrin
Texas Supreme Court
Error from Polk. Tried below before the Eton. Peter W. Gray. Suit by appellee against appellants, John 0. Shelby and his wife, Rebecca S. Shelby, on their joint promissory note.
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Error from Polk. Tried below before the Eton. Peter W. Gray. Suit by appellee against appellants, John 0. Shelby and his wife, Rebecca S. Shelby, on their joint promissory note. It was alleged in the petition, “ that the consideration of the note was a sale and conveyance made by plaintiff to defendants, Clone of them, of certain tracts or parcels of land situated in Polk county, and which plaintiffs conveyed to defendants and put them in possession of, on the--day of -, 1853, to-wit: lots numbered three and four in block numbered thirty-three, of the town of Livingston, which lots defendants…
1Opinion of the Court
Hemphill, Ch. J.
This was a suit by Rhoda W. Perrin against John O. Shelby and Rebecca S. Shelby, his wife, on a note for one hundred and eight dollars, executed by the said Shelby and his wife. The wife was not a necessary party to the suit, unless the lots, for the purchase money of which the note was given, were the separate property of the wife; and if the amount of the note was the whole purchase money, it could not have become her property, unless the debt was dis*517charged out of her separate funds. But the wife having been joined in the suit, and judgment having gone against both wife and…
2Cited by2 opinions
- Wilson v. Newton CountyCourt of Appeals of Texas · 1925
- Neal v. SpeigleSupreme Court of Arkansas · 1878