Lockhart v. Ward, Dewey & Co.

Citations

• 45 Tex. 227

Syllabus

<p>1. Parties — Foreclosure.—All persons who may redeem are proper parties to a suit to foreclose.</p> <p>2. Same — Tenant for years. — A tenant for a -term of years has a right to redeem, and is a necessary party to a suit to foreclose a mortgage upon the land executed by his landlord.</p> <p>3. Same. — A judgment of foreclosure, in which the tenant for years is not made a party, is not conclusive against such tenant, and he can assert his rights in defense in an action of trespass to try title brought against him by a purchaser under the foreclosure.</p>