Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42. Page: 190
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190 SORREL V. CLAYTON. [Term of
Opinion of the Court.
year. She averred also that Sorrel settled the whole matter
with Mrs. Reeves, and denied that Clayton ever settled for it
with Mrs. Reeves, or that she or her husband ever had notice
of it, if he did.
There were other matters set up in the pleadings, which it
it is not necessary to notice.
The case was submitted to the jadge, who overruled the
defendant's demurrers and gave judgment against Mrs. Sorrel
for one hundred dollars, and interest, in all one hundred and
sixty-eight dollars. There was a motion for a new trial, overruled,
and the defendant appealed.
Clayton admitted that the claim did not appear as a charge
against defendant on his books, as administrator of Reeves'
estate; it was not shown on the inventory, nor was it ever
heard of by Mrs. Reeves or her attorney, until 1866.
Geo. Quinan, for appellant, cited McFaddin v. Crumpler,
20 Texas, 376, and Magee v. White, 23 Texas, 192.
Peticolas & Franks, for appellee, contended, that as the
wife at the time the cotton was borrowed was in effect a
femme sole, managing all the affairs of the plantation during
her husband's absence in the army with his consent, the fact,
that her acts were subject to his approval on his return (as
testified to by her), not being known to third parties who
trusted her, did not affect her liability asfemme sole, and cited
Walker v. Stringfellow, 30 Texas, 570; Wright v. IHays, 10
Texas, 130; Cheek a. Bellows, 17 Texas, 617 Blanchet v.
Dugat, 5 Texas, 507; Fullerton v. Doyle, 18 Texas, 18.
DEVINE, J. Appellee brought suit against appellant, at
the fall term, 1871, of the District Court of Wharton County,
to recover the value of two thousand two hundred and
four pounds of ginned cotton, loaned it was alleged, to
her in May, 1864, and to be returned out of the crop
of 1865, at which time it was asserted to have been worth
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42., book, 1881; St. Louis, Mo.. (texashistory.unt.edu/ark:/67531/metapth28531/m1/198/: accessed September 26, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .