Ball v. Cundiff

DUNKLIN, Chief Justice.

This suit was instituted by Jess Ball, as the duly appointed and acting executor of the estate of H. M. Ball, deceased, in trespass to try title to different tracts of land, aggregating 240 acres, described as being in Hopkins County, Texas, and he has prosecuted this appeal from an order of court sustaining pleas'in abatement of his suit for lack of necessary parties defendants, and dismissing it after he had declined to amend.

In Plaintiff’s first amended petition, to which the pleas in abatement sustained by the court were addressed, the facts on which he claimed…