Melvin v. Chancy, Guardian
Court of Appeals of Texas
Appeal from Angelina. Tried below before Hon. J. T. Maroney, County Judge. 1. An intervenor, with due notice thereof, can make himself a party to secure his interest in property involved in litigation between a plaintiff and defendant, and in making defense of his own right, can plead and prove anything which can or will be a defense to plaintiff’s or defendant’s cause of action, so far as it affects their claim.
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Appeal from Angelina. Tried below before Hon. J. T. Maroney, County Judge. 1. An intervenor, with due notice thereof, can make himself a party to secure his interest in property involved in litigation between a plaintiff and defendant, and in making defense of his own right, can plead and prove anything which can or will be a defense to plaintiff’s or defendant’s cause of action, so far as it affects their claim. Brown v. Mitchell, 1 Posey’s TJ. 0., 373. 2. One having an interest in the subject matter in litigation between original plaintiffs and defendants may intervene in the suit to…
1Opinion of the Court
WILLIAMS, Associate Justice.
Appellee recovered the judgment, from which this appeal is taken, upon a contract, by which he alleges lie sold to appellants certain pine timber, as the property of his minor daughter, of whom he is guardian. The defendants denied that they purchased the timber from him as guardian, and alleged that it belonged to him, and that they bought it from him individually, and not as guardian; and that they had sold him goods upon the faith of the contract, an itemized statement of which was set up in the answer, and pleaded in payment and setoff of plaintiff’s demand.
Defe…
2Cases cited1 opinion
- Irvin v. EllisTexas Supreme Court · 1890
3Cited by14 opinions
- Coughran v. NunezTexas Commission of Appeals · 1939
- Coughran v. NunezTexas Supreme Court · 1939
- Putty v. PuttyCourt of Appeals of Texas · 1928
- Shedd v. American Maize Products Co.Indiana Court of Appeals · 1916
- Kegans v. WhiteCourt of Appeals of Texas · 1939
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