Mitchell v. Adams
Texas Commission of Appeals
Appeal from Ellis. Tried below before the Hon. Geo. ÜST. Aldridge. May 4, 1878, Geo. W. Adams brought suit in the district ■court of Ellis county for his one-seventh interest in a tract of one-third of a league of land, patented in the name of his grandfather, B. F. Adams. Plaintiff was joined by his mother and her husband, claiming a life estate in one-third interest of the land sued for.
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Appeal from Ellis. Tried below before the Hon. Geo. ÜST. Aldridge. May 4, 1878, Geo. W. Adams brought suit in the district ■court of Ellis county for his one-seventh interest in a tract of one-third of a league of land, patented in the name of his grandfather, B. F. Adams. Plaintiff was joined by his mother and her husband, claiming a life estate in one-third interest of the land sued for. The defendants, Mitchell, Davis & Blasingame, pleaded not guilty, purchase of one-third of the grant under a decree for a locative interest in the land, and as to the remainder, purchase under the heirs of…
1Opinion of the CourtA. S. Walker, J.
I. As to the refusal to allow the request of defendants to make the heirs of B. F. Adams parties.
The right was not based upon their having any direct interest in the land; the defense claimed ownership by the defendants. They did not ask partition, but resisted the claim of plaintiffs to recover any of the land; -no partition being asked, they had no right to make the new parties based upon the rule in such cases, that all the co-tenants *119be made parties; besides the heirs were not alleged to be, at the time, co-tenants in the land.
The pleadings of defendants did not show that the other heirs…
2Cases cited2 opinions
- Wynns & Lawrence v. UnderwoodTexas Supreme Court · 1846
- Castles v. BurneyTexas Supreme Court · 1871
3Cited by1 opinion
- Dunn v. Home Nat. BankCourt of Appeals of Texas · 1915