Abrahams v. Vollbaum

Citations

• 54 Tex. 226
• 1881 Tex. LEXIS 8

Syllabus

<p>1. Parties.—In a suit by injunction to enjoin a sale about to be made under a deed of trust, the maker of the trust deed, being directly interested in the subject matter, should be made a party; the omission to make him a party, objection being made, will be cause for reversal of a judgment rendered therein.</p> <p>3. Suit bt next friend.—Prior to the adoption of the Revised Civil Statutes, a suit instituted by next friend, for his mother, alleged to</p> <p>be non eompos’mentis, and minors, was not authorized. A special guardian for the minors should have been appointed, though the laws now in force omit this requirement.</p> <p>3. Special guardian.—An adult who is non compos mentis might be represented in a suit involving his interest prior to the adoption of the code, as in the case of a minor, by special guardian; it was competent for the court to satisfy itself of the mental condition of the party in interest, and being satisfied, to allow the suit to proceed, without formal inquest of lunacy being made.</p> <p>4. Cases approved.—Anderson v. McKay, 30 Tex., 186, and Moreland v. Barnhardt, 44 Tex., 275, approved.</p>