Barnes v. Archer

SMITH, Justice.

Stated generally, the controlling question presented in this appeal is that of whether a married woman may be estopped by her own conduct which falls short of active fraud, even though such conduct amounts to legal fraud, whereby she misleads another to his injury.

Mattie Lou E. Archer, herein designated as appellee, is a married woman, or was so during the transactions here involved, and was so at the time of the trial of the case below. The record shows that she had not lived regularly, if at all, with her husband for some time. She has two suits for divorce pending against…