196 S.W. 625 | Tex. App. | 1917
Mrs. Nellie P. Akin appeals from a judgment against her in favor of the appellee, Laura Thompson, executrix, upon a promissory note executed by Nellie P. Akin and her husband, W. J. Akin, reserving the vendor's lien upon certain lands therein mentioned.
The sole question presented is whether the judgment against Nellie P. Akin personally and authorizing execution against her separate property was correct. We think not. The note was executed by W. J. Akin and Nellie P. Akin for part of the purchase money of certain lands, which the evidence shows without doubt thus became a part of the community estate of the makers of the note. That a wife had no power to so contract prior to the act approved March 21, 1913 (General Laws 1913, p. 61; Vernon's Sayles' Texas Civil Statutes, arts. 4621, 4622, and 4624) has been so frequently determined that we need only cite a few decisions to that effect. Lynch v. Elkes,
"That * * * no liability * * * incurred prior to the time when any statute, or part thereof, shall be repealed or altered by the Revised Statutes, shall be discharged or affected *626 by such repeal or alteration; but * * * suits for such * * * liabilities * * * shall be instituted and proceeded with in all respects as if such prior statute, or part thereof, had not been repealed or altered," etc.
We conclude that the court erred in rendering a personal judgment against Mrs. Nellie P. Akin, and that as to her the judgment should be reversed and here rendered in her favor; the judgment in other respects not being disturbed.