Nix & Storey v. Dukes

Citations

• 58 Tex. 96
• 1882 Tex. LEXIS 216

Syllabus

<p>1. Creditors — Intervention.— In a suit brought by a creditor to subject property alleged to have been fraudulently conveyed,to the claims of himself and the creditors of the estate, a compromise and agreement to dismiss the suit, made between the original plaintiff and defendant, cannot affect the fight of a creditor who has intervened by leave of the court to have his rights as a creditor adjudicated. An order dismissing the suit after such intervention and dismissing the petition of intervention is error, for the original action could only have been maintained when brought for the benefit of all the creditors.</p>