Ellington v. Ellington

Texas Supreme Court January 15, 1867

Ellington v. Ellington, 29 Tex. 2 (Tex. 1867)

Donley

Opinion of the Court

Donley, J.

Art. 1390, O. & W. Digest, provides, that every matrimonial agreement must be made by an act before a notary public and two witnesses. [Paschal’s Dig., Art. 4633, Note 1041.] In the alleged marriage contract in this cause there are no witnesses; this is not in conformity with the statute, and the appellee cannot be affected thereby. This writing was properly disregarded by the court. It,is assigned that “the court erred in not continuing said cause.” The record does not show any applica*6tion to continue. The decree of partition appears to have been made in conformity with law. There is no statement of facts and no error apparent upon the record. The judgment is

Aeeirmed.

Reference

Full Case Name: Pleasant Ellington v. Sarah W. Ellington
Cited By: 2 cases
Status: Published
Syllabus: The 6th section of onr common-law act declares, that “ every matrimonial agreement must be m'ade by an act before a notary public and two witnesses.” An agreement not so authenticated cannot be regarded. (Paschal’s Dig., Art. 4632, Note 1041.) Where there was no bill of exceptions or statement of facts, and the case made by the pleadings showed that the husband died without children, leaving a widow and parents, the decree giving the wife half the slaves and all the community property was strictly in accordance with law. (Paschal’s Dig., Arts. 3422, 4638, 4642, Notes 787, 1045, 1049.)