Johnson v. Davis
Texas Supreme Court
Appeal frhm Guadalupe. This suit was brought by the defendant in error against the plaintiff' in error and three others — Foster, DeWitt, and Conn — to obtain the cancellation of a deed executed by the plaintiff' to the defendant Johnson for the, conveyance of a tract of land.'on the ground that it was fraudulently obtained.
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Appeal frhm Guadalupe. This suit was brought by the defendant in error against the plaintiff' in error and three others — Foster, DeWitt, and Conn — to obtain the cancellation of a deed executed by the plaintiff' to the defendant Johnson for the, conveyance of a tract of land.'on the ground that it was fraudulently obtained. The petition charged that the defendants conspired together to cheat and defraud the plaintiff; that in consequence of their representations (which were particularly stated) lie was induced to make the conveyance of the land; hut-that, hy their fraudulent conduct, (which…
1Opinion of the CourtWheeler, J.
The only error assigned which requires notice relates to the improper joinder of the defendants.
It is apparent on the face of the petition that the defendants Foster, DeWitt, and Conn were improperly joined. They had no interest in the subject-matter of the suit. They do not come within any of the exceptions which, under certain circumstances, have been allowed to the rule, that only those who have an interest in the suit, and against whom there can he a decree, can be made par*88ties. (1 Daniel’s Ch. Pl. and Pr., ch. 5, sec. 4. pp. 342, 346, Am. ed.; Story’s Eq. Pl., secs. 231, 232, 234, 233.)…
2Cited by13 opinions
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- Gibbens v. BourlandCourt of Appeals of Texas · 1912
- Frey v. Fort Worth & Rio Grande Railway Co.Texas Supreme Court · 1894
- Closner & Sprague v. AckerCourt of Appeals of Texas · 1917
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