Cayce v. Powell
In Cayce v. Powell, 20 Tex. 767 (1858), a wife's suit against her husband was dismissed because she alleged only lack of good faith of her husband and not fraud. Id. at 771.
But the court stated the wife's claim could have survived had she sued her husband for fraud, clearly opining she had the capacity to sue her husband:
"The authority conferred upon a married woman, to litigate in her own right, implies the capacity on her part, to conduct the litigation as shall be most conducive to her own advantage. The law has conferred on her the right to litigate; and the right implies the capability." Id.