Punchard v. Delk

Citations

• 55 Tex. 304
• 1881 Tex. LEXIS 120

Syllabus

<p>1. Misjoinder of parties — Agreement—Practice.— After partition, made of land, the various parties owning in severalty the subdivisions sued as joint owners for the recovery of the original survey. To cure the misjoinder they filed an agreement made with the defendants, to the effect “that the plaintiffs are properly joined in the original petition; that the cause may proceed, and the rights of all the parties be determined in one suit, thus preventing multiplicity of litigation.” Subsequently, purchasers pendente lite from the original defendants were, on motion, made sole defendants. Held,</p> <p>(1) The objection sought to be cured by the agreement did not go to the foundation of the action, but to the manner of bringing it.</p> <p>(2) It was binding on the parties to it.</p> <p>(8) It was binding on purchasers pendente lite, who cannot ignore the agreements on file of those from whom they purchased.</p>