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: 191
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1876.] SORREL V. CLAYTON. 191
Opinion of the Court.
thirty cents a pound. Plaintiff averred that at the time of
loaning the cotton he was the administrator of the estate of
Wm. J. C. Reeves, to whose estate the cotton belonged, and
that lie is now the owner of the claim, he having settled with
the estate for it. Plaintiff amended his petition and claimed
a further indebtedness of one hundred dollars, for a gin-stand,
sold (it was asserted) to the husband of appellant, and for her
use and benefit; the petition further charged that the cotton
was loaned, to purchase necessaries for herself and her own and
husband's children, for his and her negroes, and to carry on
his and her plantation, and that it was necessary for herself,
her slaves, and plantation; that the cotton was loaned at her
request; that she was then acting as afemme sole, her husband
being in the army; that she intended to charge her separate
estate; that she is now a widow and is in possession of her own
and the community property. The petition prayed for a judgment
in the alternative, either against the community property,
or her separate estate. The amended petition alleged other
matters not material.
The defendant's answer denied all liability and asserted that
she was a married woman; when the cotton was obtained it
was the property of her sister Sarah I. Reeves; that her husband
had settled with Mrs. Reeves and paid her for the cotton;
that plaintiff was at the date of the loan the overseer of Mrs.
Reeves; that he had not then, or at any time since, any interest
either in the cotton or its value; that at the date of the loan it
was not necessary to purchase supplies,with her husband's income
being about thirty thousand dollars from the sale of his
crops; that she was acting at the time as her husband's agent,
he being absent temporarily in the army; that she did not intend,
neither did plaintiff expect, to hold her liable for the return
of the cotton; that she received no community property
before or after her husband's death; that his estate is insolvent,
he being declared a bankrupt, and had received his discharge
in bankruptcy in 1869.
After amendments and. exceptions by both parties, a jury was
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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/m1/199/: accessed September 19, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .