Noble v. Meyers

HENRY, Associate Justice.

This suit was brought by all of the heirs of Grace B. Noble except one, against that one for partition of land.

Appellant intervened, claiming that he and the other heirs of his father, whose names were given, owned an undivided interest of one-half in the land sought to be partitioned.

Plaintiffs replied to the intervention, defending against it by pleading the proceedings in a former suit as an adjudication against intervenor of the issue of title, and also pleading the statute of limitations of five years, but not praying for affirmative relief against the intervenor.