Black v. Black

Citations

• 62 Tex. 296
• 1884 Tex. LEXIS 231

Syllabus

<p>1. Suit by the wife.— Where the husband has abandoned his wife, and is a fugitive from justice, the wife can either institute a suit or defend one for the protection of herself or property without the joinder of her husband. Ryan v. Ryan, .61 Tex., 474, cited and approved.</p> <p>2. Judgment — Evidence.— A judgment foreclosing a vendor’s lien, to which neither husband nor wife is a party, is inadmissible in a subsequent suit between the latter and a party claiming the property under such judgment.</p> <p>3. Judgment.— A judgment is a bar to a subsequent action only as to those who were parties to that judgment.</p> <p>4. Same—Parties.—In a suit on a vendor’s lien note by an assignee of the note, not only must the payee who has expressly transferred the lien be made a party, but the original maker is a necessary and proper party to a decree of foreclosure, and unless the judgment sets out a foreclosure as to him, his rights are not affected thereby.</p> <p>5. Same — Cases cited.— Beck v. Tarrant, 61 Tex., 404; Slaughters. Owens, 60 Tex., 671; Schmeltz v. Garey, 49 Tex., 49; Lockhart v. Ward, 45 Tex., 237. cited.</p>