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: 193
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1875.] SORREL V. CLAYTON. 193
Opinion of the Court.
thousand acres under cultivation, and a hundred slaves owned
by himself and defendant, and the crop was about three hundred
bales each year, all of which was owned or controlled by
Sorrel. There is nothing in the evidence that proves, or even
tends to prove, that the credit was given on the responsibility
of defendant, or that the cotton loaned was in any degree necessary
either for the maintenance of defendant, or her children,
and as little to show that it was for the preservation or
benefit of her separate property. Prima facie, this debt
would be a charge against the community or separate property
of the husband, and the facts in this case fail to show this
claim to be one for which defendant can be held liable; in
fact, the attempted settlement with. defendant's husband in
1865 (and the mutual accounts which plaintiff admits to have
been written partly by himself and in part by Sorrel) shows
that it was then considered by plaintiff as the debt of the husband.
" That the statutory liability may be raised, it must be
"proven that the debt was contracted by the wife or her
"authorized agent for necessaries for herself and children, and
"that they were reasonable and proper in themselves," Christmas
v. Smith, 10 Texas, 128. The same was held in Brown
v. Ector, 19 Texas, 347, and in Crumpler v. McFaddin, 20
Were the exemption of defendant from liability a matter
of doubt, this suit on the second question, as to the plaintiff's
right to maintain it on his own behalf, must fail. The plaintiff
has not, in our opinion, shown any right to sue in his own
name as the legal or equitable owner of this claim. Plaintiff
asserts, in his pleadings, and states as a witness, that. the cotton
loaned belonged to the estate of WVm. J. C. Reeves. Sarah J.
Reeves, the widow of Wm. J. C. Reeves, and sister of defendant,
was entitled to and did receive the assets of the estate. Plaintiff
asserts that he is the owner of this claim, by reason, as he
states, of having sold in 1864, to a Mr. Robinson, about twenty-five
bales of cotton belonging to Reeves, and that in his settlement
with Mrs. Reeves, he included as sold to Robinson the
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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/m1/201/: accessed October 23, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .