Harvey v. Cummings

Willie, Chief Justice.

This was an action of “trespass to try title,” brought against several parties, which resulted in a judgment for defendants. The plaintiffs appealed, and a portion of them gave a bond, to which one of the appellees was not made a party as obligee. This, of course, rendered the instrument of no effect as an appeal bond, Penny being a necessary party to the appeal. Subsequently another bond was executed, to which Penny was made party, but it was filed more than twenty days after the adjournment of court for the term and thereby invalidated.

A portion of the appellants made…