Monger v. Monger

ON MOTION FOR REHEARING

Appellant now makes the contention, which we do not find in his brief, that ap-*818pellee’s sister is a “party” or has a disqualifying interest under Art. 3716 because she is a warrantor in a warranty deed conveying the land involved. The cases of Bennett v. Virginia Ranch, Land & Cattle Co., 1 Tex.Civ.App. 321, 21 S.W. 126, no writ; and Gee v. Jernigan, Tex.Civ.App., 83 S.W.2d 1102, writ dism., do hold that where such a warrantor is joined as a defendant so as to make the judgment binding on him, he is disqualified even though he has filed a disclaimer.

The mere fact that…