Hughes v. Roper
Texas Supreme Court
Appeal from Cass. Tried below before the Hon. J. D. McAdoo. July 25, 1870, W. P. Hughes and Eeece Hughes, jr., for themselves and as next friend of Howell R., Bettie, Mary, and Benjamin P. Hughes, minors, brought suit against Thomas Eoper and J. E. McKenna, sheriff, to enjoin the sale of certain lands levied on under an execution in favor of Roper for $1,900, and against Eeece Hughes, sen.
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Appeal from Cass. Tried below before the Hon. J. D. McAdoo. July 25, 1870, W. P. Hughes and Eeece Hughes, jr., for themselves and as next friend of Howell R., Bettie, Mary, and Benjamin P. Hughes, minors, brought suit against Thomas Eoper and J. E. McKenna, sheriff, to enjoin the sale of certain lands levied on under an execution in favor of Roper for $1,900, and against Eeece Hughes, sen. Plaintiff claimed that the land, twenty-two tracts, containing in the aggregate about twenty-five thousand acres, and worth one dollar per acre, was their property, and conveyed to them by Reece Hughes,…
1Opinion of the Court
Gould, Associate Justice.
A sufficient answer to the objection that Reece Hughes, sen., ought to have been made a party, is found in the fact that the record does not show that the question was raised in the court below. Objections for want of parties come too late when made for the first time in the appellate court. (Shelby v. Burtis, 18 Tex., 648.)
It may be added that the point is not embraced in the assignment of errors.
The verdict in favor of defendant being in effect a finding that the conveyance under which plaintiffs claimed *126was fraudulent as to Eoper, cannot be said to be either…
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