Cravens v. Booth
Texas Supreme Court
Appeal from Shelby. The appellant brought suit against John T. Booth in tho District Court of Shelby county in October, 1S74. lie subsequently recovered a judgment and had an execution issued thereon, which was levied on certain negroes, as the property of the judgment debtor, on the 3d day of April, 1850. The appellee, wife of John T. Booth, claimed the property, and there was a trial of ihe right of property.
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Appeal from Shelby. The appellant brought suit against John T. Booth in tho District Court of Shelby county in October, 1S74. lie subsequently recovered a judgment and had an execution issued thereon, which was levied on certain negroes, as the property of the judgment debtor, on the 3d day of April, 1850. The appellee, wife of John T. Booth, claimed the property, and there was a trial of ihe right of property. It was in evidence that Booth, the defendant in execution, had beeu in possession of the negroes since 1844, and that lie was the reputed owner. The wife claimed lindera deed of gift…
1Opinion of the CourtWheeler, J.
It is evident that the charge of the court was calculated to impress the jury with the belief that the rule of law which holds a party concluded by his representations and admissions, which have been acted upon by others, does not apply to a married woman, and that she is in no ease bound by her fraudulent representations in respect to her separate property.
The law, however, is otherwise. While it extends its protection to the rights of a marriedwoman, it does not permit her to act fraudulently or inequitably to the injury of others. In the language of Mr. Justice McLean, in Bein v. Heath, 6…
2Cited by14 opinions
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