Appel v. Childress

JAMES, Chief Justice.

The judgment was that plaintiffs (appellants) do not recover the land sued for; that defendants S. P. Childress and H. G. Wilson go hence without day and recover costs, and that the warrantors of defendants (naming them) go hence without day and recover their costs, etc.

The appeal bond is payable to Childress and Wilson only. The warrantors were parties defendant (Sayles’ Rev. Stats., article 5252), were interested adversely to plaintiffs and have rights under the judgment that would be affected by the appeal. The bond should have been made payable to them also.

Instead of…