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Slaughter v. Glenn U.S. 242 (1879)

handle is hein.slavery/ussccases0439 and id is 1 raw text is: SLAUGHTER V. GLENN. [Slip. Ct. was committed, which, like other errors, may be corrected on appeal after final decree below. The case is entirely different from what it would have been if the only object of the suit had been to enjoin Schwab from proceeding in the State court. There the question would have been as to the jurisdiction of the Circuit Court over the cause. But here is clearly jurisdiction of the cause. The assignee in bankruptcy had the undoubted right to sue Schwab in the Circuit Court to settle the title to the goods or the fund arising from their sale. The injunction was a mere incident to the principal relief he asked. Even if not granted, the suit could go on. Being satisfied, by the petitioner's own showing, that the error, if any, in the court below cannot be corrected by man- damus, we deny the motion for an order to show cause. MNotion denied. SLAUGHTER v. GLENIN. 1. Lands in Texas belonging to a married woman are termed in that State her separate property, and she has in equity all the power to dispose of them which could be given to her by the amplest deed of settlement. 2. During the absence of her husband, when she had the exclusive management of her interests, a married woman owning in her own right such lands con- veyed them to A. by deed, which she acknowledged before the proper officer, as if she were a .fere sole. She invested the purchase-money in another tract, and A. sold the lands to B. Some years afterwards, she and her husband brought an action to recover them. B. filed his bill, praying that the action be enjoined and his title quieted. Held, that, in view of the decisions of the Supreme Court of Texas as to the effect of such a convey- ance, he was entitled to the relief prayed for. APPEAL from the Circuit Court of the United States for the Western District of Texas. The facts are stated in the opinion of the court. Mr. W. S. Herndon for the appellants. .ir. Isaac C. Collins, contra. MR. JUSTICE SWAYNE delivered the opinion of the court. There is a considerable mass of testimony in the record, but

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