Mitchell v. Sheppard
Texas Supreme Court
Error from. Montgomery. The plaintiff in error, on the 8th Jan., 1852, instituted suit against Mary Sheppard, the widow and others, the heirs of W. W. Sheppard, deceased, on an agreement of the deceased, by which he bound himself under a penalty of four thousand dollars, within twelve months from the date, which was the 21st Nov., 1844, to convey to the plaintiff in error, by good and sufficient deed, with warranty, two tracts of land, one in the name of Smith and another in…
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Error from. Montgomery. The plaintiff in error, on the 8th Jan., 1852, instituted suit against Mary Sheppard, the widow and others, the heirs of W. W. Sheppard, deceased, on an agreement of the deceased, by which he bound himself under a penalty of four thousand dollars, within twelve months from the date, which was the 21st Nov., 1844, to convey to the plaintiff in error, by good and sufficient deed, with warranty, two tracts of land, one in the name of Smith and another in the name of House, original grantees, amounting altogether to 2019 acres, the consideration of said agreement being…
1Opinion of the Court
Hemphill, Ch. J.
The plaintiff in error, in urging reasons for the reversal of the judgment, contends that all of the defendants were at least proper and some of them necessary parties, and that it would be clearly erroneous to dismiss on joint demurrer as to all of the defendants, because some of them might not be proper parties. That some of the defendants, as for instance the heirs of Joseph House, were not, to say the least, necessary parties, is quite manifest. But it will not be necessary to examine the point as to misjoinder of parties, as we apprehend the petition was dismissed, not on…
2Cases cited2 opinions
- PRATT & OTHERS v. Law & CampbellSupreme Court of the United States · 1815
- Kempshall v. StoneNew York Court of Chancery · 1821
3Cited by10 opinions
- Grabenheimer v. BlumTexas Supreme Court · 1885
- Adams v. HughesCourt of Appeals of Texas · 1911
- Farrar v. BeemanTexas Supreme Court · 1885
- Foust v. HansonCourt of Appeals of Texas · 1981
- Nevins v. ThomasTexas Supreme Court · 1891
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