Warren v. Dickerson

• Decision Date: 31 December 1848
• Citation: 3 Tex. 460
• Parties: NANCY WARREN, Appellant, v. WILLIAM DICKERSON AND RICHARD B. TUTT, Appellee
• Court: Texas Supreme Court

3 Tex. 460

NANCY WARREN, Appellant,

v.WILLIAM DICKERSON AND RICHARD B. TUTT, Appellee

Supreme Court of Texas.

December Term, 1848.

Appeal from Houston County.

Where husband and wife emigrated to Texas in 1840, bringing with them a negro slave, over whom the husband claimed and exercised ownership until the spring or summer of 1843, when he sold the same (the purchaser having no notice of the separate right of the wife to such slave), the wife could not maintain title to the slave derived under the will of her father, made in 1843, in Mississippi, where he was then living.

Under such circumstances, the fact that the negro had been bequeathed to her a short time before the sale could not strengthen her title without notice to the purchaser of such bequest. The record of the will in Mississippi could not constitute such notice.

If the title of the wife is acquired before the removal of herself and the property by the husband, and is valid in such place where so acquired, the failure to give notice of such title in the place of her new domicile cannot prejudice her rights.

The substantial facts of this case are as follows: Warren and wife arrived in Texas in the summer or autumn of 1840, bringing with them the slave in controversy; that Warren, the husband, claimed and exercised ownership over the slave, and that nothing was ever heard of the separate right of the wife to the slave until about the time that Warren sold the slave to Tutt, and then only a rumor that the slave belonged to Mrs. Warren; but not a single witness testified that this rumor was in circulation until after the purchase had been made. One of the plaintiff's witnesses, called by her to prove the acknowledgment of Tutt, proved that Tutt told him he had heard of the title being defective, but not until after he had purchased. The only evidence of payment was eighteen cows and calves. The sale purported to be for the consideration of five hundred dollars. The sale was made in the spring or summer of 1843. These are all the material facts in relation to the ownership of the slave in Texas. It appeared further, by the evidence of the plaintiff, that her father, Mr. Pollock, had resided in the state of Mississippi. In February, 1843, he died, having left a will executed a short time before his death. This will was in evidence on the part of the plaintiff, and under which she claimed title. The material part of the will is as follows, i. e.: “I give to my daughter, Nancy M. Warren, a negro boy named Frank, the same which I have already loaned to her, and which with her husband, John Warren, she has already in...