Taylor v. Whitfield

Citations

• 33 Tex. 181

Syllabus

<p>1. In a suit for the sale of land by decree, the records show that a minor was made a po-defendant with adults, and that, without service of process upon him, or the. appointment of a guardian ad litem for him, judgment by default was taken, with deeree for the sale of the land. The minor’s interest in the land is not disclosed in the record ; nor is he a party to the writ of error, which was sued out by an adult defendant. . He'd, that from the'mere fact that the plaintiff deemed it necessary to make the min.or a party, it must be presumed that he had an interest to be affected by the judgment; that the judgment was rendered before the • court below acquired jurisdiction of him, and consequently is erroneous . as to him ; and inasmuch-as there can be no proper judgment in the case without a legal investigation of his rights, the judgment is reversed and the cause remanded, although he is no party to the writ of error.</p>