Ball v. Cundiff

On Motion for Rehearing.

It is true that the executor of the estate of H. M. Ball, deceased, had the statutory right to institute the suit against the defendants to' recover title to the ½ interest in the land in controversy, which belonged to the estate of his testator, without joinder of the heirs of H. M. Ball, under the provisions of Article 1981, Vernon’s Texas Civil Statutes. It is also true that without joinder of those heirs of H. M. Ball, deceased, he could recover against the defendants the ½ interest in the property belonging to the testator, or any part thereof, according to the…