Oak Park Trust & Savings Bank, Oak Park v. O'Byrne

Petitioner, guardian of Ellen V. Loeffler, brought this suit against the heirs of Robert J. Byrne to cancel a deed executed by Mrs. Loeffler to Byrne, who shortly thereafter granted a pipeline right-of-way to Texas Gas Corporation. The trial court granted a summary judgment for petitioner. The Court of Civil Appeals reversed the trial court’s judgment and remanded the cause to the trial court for a trial upon the merits, holding that petitioner was not entitled to a summary judgment on the merits and that petitioner had failed under Rule 39, Texas Rules of Civil Procedure, to join a…