Harris v. Williams
Texas Supreme Court
Appeal from Harrison. Tried below before the Hon. M. D. Ector. Harris sued Williams and wife on a promissory note exe-, ented by them for the rent of a dwelling house, as alleged in the petition, for the necessary use of the wife and her children, defendants owning no dwelling house, the husband having no separate property, and there being no community property, the credit being extended to the wife, and the house leased on her going on the note sued on.
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Appeal from Harrison. Tried below before the Hon. M. D. Ector. Harris sued Williams and wife on a promissory note exe-, ented by them for the rent of a dwelling house, as alleged in the petition, for the necessary use of the wife and her children, defendants owning no dwelling house, the husband having no separate property, and there being no community property, the credit being extended to the wife, and the house leased on her going on the note sued on. It was sought to make the wife’s separate property liable. Demurrer to the petition was sustained, and Harris appealed.
1Opinion of the Court
Moore, Associate Justice.
On a thorough review and full consideration of all its previous decisions it was held by this court, in the case of Magee v. White, 23 Tex., 180, that the wife’s statutory estate is not controlled by or subject to the same rules which are applied by courts of chancery to estates limited to the sole and separate use of married women in England, and that the wife’s separate estate can only be held liable for debts contracted by the wife her*125self, or by her authority, for necessaries furnished herself or children, or for expenses incurred by her for the benefit of her…
2Cases cited10 opinions
- Covington v. BurlesonTexas Supreme Court · 1866
- Menard v. SydnorTexas Supreme Court · 1867
- Magee v. WhiteTexas Supreme Court · 1859
- Trimble v. MillerTexas Supreme Court · 1859
- Haynes v. StovallTexas Supreme Court · 1859
5 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Poe v. HallCourt of Appeals of Texas · 1922
- Schenck v. Foster Building & Realty Co.Court of Appeals of Texas · 1919
- Ruiz v. CampbellCourt of Appeals of Texas · 1894
- Flannery v. ChidgeyCourt of Appeals of Texas · 1903
- St. Louis Southwestern Railway Co. v. GriffithCourt of Appeals of Texas · 1896
14 more not listed; retrieve them via the Exa API.