Walker v. Stringfellow

Citations

• 30 Tex. 570

Syllabus

<p>During the marriage the husband has the sole management of the separate property of his wife. (Paschal's Dig., Art. 4641.) But if the husband separate from the wife, and leave her to the management of her property, and he does not contribute to her support and maintenance, such a condition of affairs invests her with authority to sell her property without his concurrence. (Paschal’s Dig., p. 778, Note 1050.)</p> <p>A feme covert is no more allowed to practice fraud in the sale of her property than a single woman.</p> <p>The husband and wife resided in Texas, where she owned a slave; she returned to Georgia, where the husband left her, and they remained separate for three years, during which time she sold her slave. Having afterwards resumed her marital relations with her husband, this suit was brought to recover the slave and her increase: Held, that they could not recover.</p>