Buffalo Bayou Ship Channel Co. v. Bruly

Citations

• 45 Tex. 6

Syllabus

<p>1. Non-joinder of parties. — A court of equity will not make a decree where it is evident that it cannot definitely settle (he rights of the parties in interest, or make a final disposition of the subject of litigation.</p> <p>2. Partition — Pleading.—A bill for partition should set out the title of defendants as well as of the plaintiff, and it must appear that the parties of the suit are, among them, entitled to the entire estate; a bill showing other parties interested in the partition is defective, and a general demurrer thereto should be sustained.</p> <p>3. Practice. — Should the evidence on the trial show other necessary parties not before the court, the court should stop the case, and cause such other parties to be cited before decreeing partition.</p>