Ellington v. Ellington

Decided January 15, 1867

Texas Supreme Court · decided 1867-01-15

The case was tried before Hon. J. J. Holt, one of the district judges. Bicherson Ellington died childless, leaving a widow and father and mother as his only heirs. He was possessed of a number of slaves, which he owned before marriage, and of sundry personal property, which he acquired during marriage. By an ante-nuptial marriage contract the parties defined their rights in the property which they brought into the marriage, almost in the terms of the law.

Cited by 2 later decisions — most recently April 1964

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1867-01-15

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Donley, J.

¶1Art. 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

¶2Aeeirmed.