Ridgell v. Farmers' Nat. Bank of Rockwall

WILLSON, O. J.

(after stating the facts as above). Appellant specially excepted to appellee’s petition on the ground that there was a nonjoinder of necessary parties, to wit, makers of notes sued upon, and complains here because the tidal court overruled his exception. It appears from the exception that it was on the theory that the allegation in the petition that appellee held liens against property belonging to makers of the notes nullified the allegation therein that said makers were “actually and notoriously ' insolvent.” Article 1848, Vernon’s Statutes. But, evidently, such was not the…