Ryan v. Ryan

Citations

• 61 Tex. 473
• 1884 Tex. LEXIS 126

Syllabus

<p>1, Attachment — Action by wife against the husband. — A wife, under the liberal provisions of the constitution and laws of Texas for the protection of her separate property, may, in her own name, maintain a suit by attachment levied on community property belonging to herself and her husband, to secure payment of a debt which is her separate property due from the husband. To secure such a debt, she is entitled to all remedial process afforded by the law to any one. While this is true, such a claim, sought to be enforced by attachment, should be closely scrutinized, to guard against fraud and collusion between husband and wife to defeat other creditors.</p> <p>3. Cases reviewed.— Price v. Cole, 35 Tex., 471; Hall v. Hall, 52 Tex., 298; Huber v. Huber, 10 Ohio, 371; Motley v. Sawyer, 38 Maine, 68; Whitney v. Whitney, 3 Abb. Prac. Rep. (N. S.), 358; Scott v. Scott, 13 Ind., 225; Clough v. Russell, 55 N. H., 281; Jones v. Jones, 19 Iowa, 242; and Tunks v. Grover, 57 Me., 588, reviewed.</p> <p>3. Case overruled.— The case of Price v. Cole, 35 Tex., 471, overruled in Grace v. Wade only on the question raised in it under the registration laws, and as to innocent purchaser without notice.</p>