McDonald v. Alvis

In October of 1951 Alvis and wife brought this suit to cancel a certain mineral deed executed by them to one Kelley on May 14, 1937, alleging fraud. The trial court withdrew the case from the jury and rendered judgment that the plaintiffs take nothing.

On appeal, by Alvis and wife, the Court of Civil Appeals reversed and remanded for another trial, holding on its own motion that all necessary parties were not before the court and despite a motion for rehearing joined in by both partits, plaintiff and defendant, requesting the court to consider the cast on its merits. 276 S.W. 2d 957. In this…