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: 192
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192 SORREL v. CLAYTON. [Term of
Opinion of the Court.
waived and the cause being submitted to the court, a judgment
was rendered in favor of plaintiff for one hundred and
fifty-eight dollars, principal ahd interest, from the 1st of Janu.
The six grounds relied on for a reversal of the judgment are
embraced in the third assignment of error: that " The judg"ment
of the court is against the law, and against the evi"dence."
Two questions are presented for consideration in this case.
The first is, does it appear from the evidence that the plaintiff's
separate property is liable for the debt sued for ? and if so, has
the plaintiff shown a right on his part to maintain this suit ?
In reference to the first of these questions, the evidence
shows that in May, 1864, defendant was not, in the legal meaning
of the term, "living separate and apart from her
husband," as in the case of Butler v. Robertson, 11 Texas, 142,
and Walker v. Stringfellow, 30 Texas, 570, neither was she
abandoned by her husband, as in Cheek v. Bellows, 17 Texas,
613, and Fullerton v. Doyle, 18 Texas, 3, as relied on by appellee.
There is no resemblance in this to the cases cited. Defendant,
at the time, was not acting as a femm2oe sole in the sense
in which it is applied to married women, whose acts have been
held to draw after them all the legal consequences that follow
the acts of a femme sole in her business relations with others.
She was at that time acting as the agent of her husband, R. II.
D. Sorrel, then temporarily absent in the army, with authority
to manage the plantation subject to his approval. It is shown
in the evidence that defendant's husband returned in May,
1864, from the army, and remained at home some weeks; and
plaintiff, in his amended petition, states that the gin-stand was
sold to her husband in May, 1864. At this time the husband
was in affluent circumstances. There was, at the date of the
loan, one hundred bales of Sorrel's cotton on the plantation
belonging to and under the control of defendant's husband.
Plaintiff admits that Sorrel's credit was at that time good, and
that he was able to support his family; that Sorrel had one
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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/m1/200/: accessed October 19, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .