Overton v. Benton

COMPTON, Chief Justice.

Appellee brought this action for damages as a result of the alleged negligent and defective construction of a residence sold to him, title to which was taken in Helen T. Overton, his wife. Issue was joined by a general denial. As a separate defense, it is alleged that appellee was not the real party in interest.

The cause was tried to the court, and after having overruled appellant’s motion to dismiss, the court found that the property was the community property of appellee and his wife. The court then concluded that appellee as head of the community was the proper party…