Wells v. Cockrum
Texas Supreme Court
Appeal from Freestone. Suit by the appellants against the appellee, commenced Oct. 21, 1853, on an instrument in-writing to pay a certain amount to the wife in work such as-she might direct, on the place where she then lived. The instrument was dated March 27, 1849, and was payable on or before the first day of September next thereafter. The instrument sued on was filed with the petitioner.
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Appeal from Freestone. Suit by the appellants against the appellee, commenced Oct. 21, 1853, on an instrument in-writing to pay a certain amount to the wife in work such as-she might direct, on the place where she then lived. The instrument was dated March 27, 1849, and was payable on or before the first day of September next thereafter. The instrument sued on was filed with the petitioner. On the trial the Court excluded the instrument; the plaintiff thereupon took a non-suit, and afterwards moved to set it aside, which motion was overruled.
1Opinion of the Court
Hemphill, Ch. J.
The only question in this case of any importance, is whether the note or agreement was barred by the statute of limitations. More than four years had elapsed from the maturing of the contaact; but the appellants contend that the promise having been made to a feme covert, there was no bar—the statute being inoperative against married women.
This might be a question of some difficulty, perhaps, if the *128note were the separate property of the wife, or if given on a consideration springing from her exclusively. But there was no allegation or proof that the note was her individual…
2Cited by7 opinions
- Kempner v. Comer, Fairris & DialTexas Supreme Court · 1889
- Meyer v. KinzerCalifornia Supreme Court · 1859
- Cooper v. IrvinCourt of Appeals of Texas · 1937
- Kohner v. AshenauerCalifornia Supreme Court · 1861
- Mann v. WhiteCourt of Appeals of Texas · 1921
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