Snow v. Mather

Citations

• 52 Tex. 650
• 1880 Tex. LEXIS 34

Syllabus

<p>•1. Married woman—Promissory note—Void and voidable.—A note executed by a married woman jointly with her husband, in consideration of community property, is not absolutely void, though its payment may be avoided by her if sued upon during her life-time, or by her administrator refusing to allow it as a claim against her estate after her death.</p> <p>2. Same—Judgment.—The allowance of such a note by the administra- • tor of .the wife’s estate and its approval by .the chief justice, merged it into a gaast-judgment.</p> <p>3. Same—Setting- aside allowance of claim.—A note was executed by the husband and wife, in 1861, fov general merchandise and negroes purchased by the husband. In 1806 the note was allowed and approved as a claim against the wife’s estate; on the 8th of June, 1874, an application was made to the District Court, by the holder of the note, for an order to sell land of the deceased wife’s estate to satisfy the same; and on the 17th of October, 1874, the heirs brought suit against the holders of the note to set aside the allowance and approval. There was no evidence that the payee knew that the woman was married s Held—</p> <p>1. The approval and allowance should not be set aside, after so great a lapse of time,,on the testimony of the husband, who, if a fraud was practiced on the wife, perpetrated it.</p> <p>2. If the claim was improperly allowed by the administrator, the remedy was upon his bond.</p>