Duller v. McNeill
Duller v. McNeill.
Opinion of the Court
REESE, J.
In a suit by W. A. McNeill against Carrie Nell Duller and her husband, McNeill recovered a judgment for money against both defendants, and foreclosing mortgage and vendor’s liens against certain real estate. From this judgment Mrs. Duller appeals. She gave a supersedeas bond signed by herself and several sureties. The bond is payable to McNeill and also against Duller, the husband. Appellee, McNeill, has filed a motion to dismiss the appeal on the ground that Mrs. Duller, being a married woman, cannot bind herself or her separate estate by the execution of such bond, and that it is void as to her.
It seems to be settled by a long line of decisions in this state that it is not necessary that such bond be signed by the principal. Shelton v. Wade, 4 Tex. 148 , 51 Am. Dec. 722 ; Lindsay v. Price, 33 Tex. 280 ; McKellor v. Peck, 39 Tex. 381 ; Bridges v. Cundiff, 45 Tex. 439 ; San Roman v. Watson, 54 Tex. 254 ; Palmer v. Spandenberg, 49 Tex. Civ. App. 331 , 108 S. W. 478 .
The motion is overruled.
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