Ragland v. Wisrock

Citations

• 61 Tex. 391
• 1884 Tex. LEXIS 109

Syllabus

<p>1. New trial — Verdict.— When a verdict is rendered on conflicting evidence,' and the district court enters judgment thereon, and has refused a new trial, the supreme court will not disturb the verdict unless it is without sufficient evidence to support it, or so decidedly against the preponderance of evidence as to show that the jury did not give the case due consideration.</p> <p>2. Fraud — Married woman — Deed.— A deed absolute in form, as a conveyance of the fee, was procured from a married woman, who signed and acknowledged the same with her husband, and which purported to convey her homestead. She was unable to read. The husband was at the time in debt to the purchaser, and there was evidence showing that the wife believed the instrument she signed was to secure its payment, of which fact the grantee had actual and constructive notice, he designing to treat' it as a deed absolute to himself. Held, that no estate was conveyed by the deed.</p> <p>3. Practice — Intervention.— A petition of intervention, when improperly filed, may be dismissed on motion as well as upon demurrer. If the petition of intervention shows a cause of action on which the intervenor may recover in any suit, but defectively stated, a demurrer affords the remedy to one adversely interested; but when the cause of action, though good, does not authorize an intervention in the particular suit, a motion to dismiss is proper.</p> <p>4. Practice — Intervention.— An intervention, which in its consequences, if the intervenor should prove successful, would result in postponing the determination of the cause as between the original parties, will not be allowed. Hence, one who claims a small undivided interest in the land involved in a suit, and also an interest besides in the survey of which it formed a part, not involved in the litigation, and in which the plaintiff claims no interest, should not be allowed to intervene. To allow it would result in complicating the case by producing new parties an