Hall v. Hall
Texas Supreme Court
Error from Harrison. Tried below before the Hon. A. J. Booty. Julia B. Hall, defendant in error, brought this suit, in the District Court of Harrison county, against M. J. Hall, as executor of the last will of M. J. Hall, senior, deceased, and in his own right, on a note executed by Hall in his life-time to plaintiff for the sum of $1,720 in specie, with ten per cent, interest thereon per annum from date, and indorsed by said M. J. Hall as a guarantor, for a valuable…
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Error from Harrison. Tried below before the Hon. A. J. Booty. Julia B. Hall, defendant in error, brought this suit, in the District Court of Harrison county, against M. J. Hall, as executor of the last will of M. J. Hall, senior, deceased, and in his own right, on a note executed by Hall in his life-time to plaintiff for the sum of $1,720 in specie, with ten per cent, interest thereon per annum from date, and indorsed by said M. J. Hall as a guarantor, for a valuable consideration, after the death of said M. J. Hall, senior. The note was executed by Hall, senior, to plaintiff, his wife, in…
1Opinion of the Court
Bonner, Associate Justice.
The first and second errors assigned in this case present the question of the power of the husband to make to the wife a valid and binding promissory note, in consideration of money, her separate property, loaned to him.
It is not contended that such an instrument would be binding at common law.
Under our system, however, the legal existence of the wife is not so merged in that of the husband as to destroy her separate property rights. Besides the privileges she enjoyed under the modification of the civil law which came to us through Mexico prior to the admission of…
2Cases cited5 opinions
- Fitts v. FittsTexas Supreme Court · 1855
- Higgins v. Emily Johnson's HeirsTexas Supreme Court · 1857
- Story v. MarshallTexas Supreme Court · 1859
- Smith v. BoquetTexas Supreme Court · 1864
- Price v. ColeTexas Supreme Court · 1872
3Cited by11 opinions
- Alexander v. AlexanderSupreme Court of Virginia · 1888
- Martin Brown Co. v. PerrillTexas Supreme Court · 1890
- Bennett v. BennettWest Virginia Supreme Court · 1892
- Swearingen v. ReedCourt of Appeals of Texas · 1893
- Adoue v. SpencerSupreme Court of New Jersey · 1901
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