Stevenson v. Stevenson

Opinion by

Judge Holt:

All of the children of the appellee, M. S. Stevenson, ten in number, brought this action in equity enjoining him from disposing of his estate, and asking that a committee for him be appointed upon the ground of mental imbecility produced by old age, disease and the excessive use of intoxicating drink.

The petition shows that all of the children were adults when it was filed but one, who sues by his next friend and brother, who, as is shown by the pleading, was then a resident of Texas. The civil code does not permit a nonresident to sue as next friend, and requires a…