Whitman v. J. P. Willis & Bro.

Citations

• 51 Tex. 421

Syllabus

<p>1. Parties.—As a general rule, courts of law require only those who are directly or immediately interested in the subject-matter of the suit, and whose interests are of a strictly legal nature, to be made parties thereto. All persons who have merely an equitable or remote interest are not required to be parties, but are excluded from being made so. In equity, to avoid multiplicity of suits, all who have an interest in the subject-matter should be made parties.</p> <p>2. Intervention.—Disadvantages of intervention and its abuses, referred to.</p> <p>3. Intervention.—When the right to personal property levied upon is involved in a suit, it is, as a general rule, the proper practice to require a claimant to resort to the statutory remedy for trial of the right of property.</p> <p>4. Intervention—Practice.—When the title to real estate is directly involved in a suit pending, any one who has an interest in the property at the time of the commencement of the action has a right, on application made at the proper time and manner, to intervene. But when the title is not directly involved, (as where the land has been levied on under attachment to satisfy a debt,) then a third party in possession, in order to intervene, should allege such facts as would authorize a court of equity to grant him a writ of injunction.</p> <p>6. Cases approved.—Carlin v. Hudson, 12 Tex., 202; Ferguson v. Herring, 49 Tex., 130.</p> <p>6. Fact oases.—See facts which did not authorize an intervention.</p>