Coats v. Elliott
Texas Supreme Court
Appeal from Panola. Tried below before the Hon. Charles A. Frazer. This suit was commenced by the appellee, as the administrator de bonis non of Jacob H. Coats, deceased, against the appellant, Elizabeth Coats, the wife of his intestate.
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Appeal from Panola. Tried below before the Hon. Charles A. Frazer. This suit was commenced by the appellee, as the administrator de bonis non of Jacob H. Coats, deceased, against the appellant, Elizabeth Coats, the wife of his intestate. The plaintiff alleged in his petition, which was sworn to, that as such administrator, he was entitled to the possession, for purposes of administration, of a negro girl, describing her, who, he averred, was the property of the said estate, but had been wrongfully seized and withheld by the said Elizabeth, from his possession, for two years ; and asked for…
1Opinion of the CourtWheeler, C. J.
The objection to the judgment, that Jernigan was improperly made a party defendant, is not tenable. The right thus to make the fraudulent vendee of a defendant a party, under circumstances like the present, was maintained by the decision of this court in the case of Oliver v. Chapman, 15 Texas Rep. 400. (McAnelly v. Chapman, 18 Id. 198.)
Jernigan was a volunteer in becoming a party to the controversy. He undertook to take control of the subject-matter in litigation between the original parties, and he was very properly made a party to the suit in which he had intermeddled, to the prejudice of…
2Cases cited3 opinions
- Boyd v. M'LeanNew York Court of Chancery · 1815
- Oliver v. ChapmanTexas Supreme Court · 1855
- Epperson v. YoungTexas Supreme Court · 1857
3Cited by53 opinions
- Houston East & West Texas Railway Co. v. De WaltTexas Supreme Court · 1902
- Houston East & West Texas Railway Co. v. RunnelsTexas Supreme Court · 1898
- Thraves v. HooserTexas Commission of Appeals · 1932
- Franklin Life Insurance v. VilleneuveCourt of Appeals of Texas · 1902
- Trinity Gravel Co. v. CrankeTexas Commission of Appeals · 1926
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