Sorrel v. Clayton

Citations

• 42 Tex. 188

Syllabus

<p>1. Married Woman, when not .liable. In 1864 -the husband was a soldier in the Confederate army, and absent from home; during his absence his wife borrowed two thousand two hundred and four pounds of ginned cotton, while engaged in managing their plantation for him, agreeing to return it. In a suit against the wife for the value of the cotton, held,</p> <p>1. That during the absence of the husband she was not in the legal meaning of the term “ living separate and apart from her husband,’ and was not in the transaction acting as a femme sole, so as to be individually liable for the return of the cotton.</p> <p>2. To render the separate property of the wife liable for the debt it must have been shown 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, and that it was necessary she should so make her separate estate liable.</p> <p>2. Subrogation. See facts in opinion held not sufficient to entitle one .to maintain a suit in his own name on a claim alleged by him to have been paid for a third party.</p>