Delk v. Punchard

Citations

• 64 Tex. 360

Syllabus

<p>1. Misjoinder, effect of agreement on.— An agreement made by parties litigant, waiving any misjoinder of parties plaintiff, and of causes of action, is binding, not only on the parties thereto, but on those who may purchase from the defendants pending the suit. Citing Delk v. Punchard, 55 Tex., 306.</p> <p>2. Administration. — Administration on the estate of a decedent, in 1838, was properly granted in that county of the republic of Texas where the deceased resided at the time of his death.</p> <p>3. Administrator’s bond — Presumptions. — An administrator’s bond, executed in 1838, and having thereon the name of but one surety, was not on that account void. Presumptions will be1 liberally indulged in support of probate proceedings which occurred at so early a day.</p> <p>4. Grant — Trusts. — A grant made to two persons, with the following words added after their names in the grant: “heirs of Joseph Punchard, deceased,” when it further appeared, from, the recitals of the grant, that it was based upon the immigration to and settlement in Texas of Joseph Punchard, vested the title in the parties named, in trust, for the benefit of all his heirs.</p> <p>5. Survey. — See opinion for facts deemed sufficient to fix the locality of a survey, which called to begin at a survey as “ Survey No. 2,” where there were two surveys No. 2 in the same county.</p> <p>6. Argument of counsel,— See statement of case for language indulged in by counsel on the trial of a cause, which, while inexcusable, was not, in view of the character of the case, deemed sufficient to require a reversal of the judgment.</p>