Smotridge v. Lovell

Citations

• 35 Tex. 58

Syllabus

<p>1. That a husband and wife may be jointly sued on their joint contract, executed for the benefit or improvement of the wife’s separate property, has been too often decided by this court to be now questioned-(5 Texas,' 152; 23 Texas, 627 ; 31 Texas, 673.)</p> <p>2. Husband and wife jointly contracted with a builder to erect an addition to a house which, together with the lot on which it stood, was the property of the wife and her infant son by a previous husband. In a suit by the builder against the husband and wife, the plaintiff alleged that the construction was for the benefit of the wife’s separate property, and prayed a general judgment in personam against them. Reid, that the defendants were jointly liable, and hence there was no error in a general judgment in personam against them; although by proper pleadings the wife’s separate estate might have been first subjected for satisfaction of the demand. Reid further, that as the judgment sought and rendered could not affect the infant joint owner, he vras not a necessary party defendant.</p>