Lyttle v. Harris
Texas Commission of Appeals
Appeal from Johnson county. Opinion by Walker, P. J. Statement.— This was a suit, as shown by the amended petition, brought by Hester A. Lyttle joined by her husband, J. J. Lyttle, for the recovery against E. P. Harris of a certain lot in the town of Cleburne, and for rents.
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Appeal from Johnson county. Opinion by Walker, P. J. Statement.— This was a suit, as shown by the amended petition, brought by Hester A. Lyttle joined by her husband, J. J. Lyttle, for the recovery against E. P. Harris of a certain lot in the town of Cleburne, and for rents. The petition alleges that the property was purchased by said plaintiffs in'the year 1867, from B. J. Chambers; was fully paid for by them, the greater part of the consideration paid being the separate property and funds of said Hester A.; that the deed was made to said J. J. Lyttle; that they moved on said lot and resided…
1Opinion of the Court
Opinion.— Ho brief or argument has been offered by the appellees, and the brief of the appellants submits to us the hypothesis that the ruling complained of wras based on the assumption that the husband, J. J. Lyttle, was a mere formal party and not a real plaintiff, notwithstanding his *24joinder in the petition with his wife, and that she, therefore, in effect, suing alone, could not, under the allegations made, maintain this action. The husband, J. J. Lyttle, under the averment that Hester A. Lyttle sues, joined by her husband, J. J. Lyttle, certainly affirms as effectually as she does that…
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- Bell County v. AlexanderTexas Supreme Court · 1858
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- Love v. RobertsonTexas Supreme Court · 1851
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3Cited by1 opinion
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