Lee v. Turner

Citations

• 71 Tex. 264
• 9 S.W. 149
• 1888 Tex. LEXIS 1132

Syllabus

<p>1. Parties—Husband and Wife.—In a suit for damages to the wife’s separate property, while she is not a proper party plaintiff, yet the joinder of the husband and wife as plaintiffs is not reversible error. (64 Texas, 149.)</p> <p>2. Parties—Heirs.—Pending an administration, heirs can not sue, save where it is shown to be necessary for their protection.</p> <p>3. Estoppel.—Suit by children for damages to real estate the separate property of their deceased mother, the father joins as next friend of one of the heirs, held, that he would be estopped from thereafter asserting claim for damages for the same act to his life estate in one-third of the land.</p> <p>4. Tenants in Common—Parties.—While all tenants in common should join as plaintiffs in an action for trespass, still a defendant can, and should, by instructions asked, protect himself upon the trial and have damages apportioned, and require the verdict to be limited to the proportional interest held by the plaintiffs. (66 Texas, 533.)</p> <p>5. Damages.—One leasing land so as to give right of action to an adjoining owner is liable, whether he owns the land so leased or acts as agent in the. leasing.</p>