Thomas v. Quarles

Robertson, Associate Justice.

This was an action of trespass to try title to one hundred and sixty acres of land, and the defend-ant pleaded that he was in possession of a part of the tract, under no claim of his own, but by virtue of a right of his wife under a parol gift from her father, and prayed the suit might abate until his wife should be made a party by the plaintiff. To this plea an exception was properly sustained in the court below. The defendant could protect his possession under his wife’s claim as well without as he could with her, without jeopardizing her rights by any judgment…