Williams v. Turner

Citations

• 50 Tex. 137

Syllabus

<p>1. Equitable owner may sue on breach op warranty.—Land was bought with the wile’s separate funds, but the deed was taken to the husband. ■ The deed contained the usual covenant of warranty. Suit was brought for tile land, by an adverse claimant, and the land recovered. Suit was brought by the husband and wife on the warranty, claiming in right of the wife as equitable owner. It being objected “that the legal title to the land was in the husband, he only liad the right to sue for breach of warranty Held,. That suit on the warranty, for use of the wife, could be maintained.</p> <p>2. Same.—The wife was not a necessary party to the suit, hut she was properly made a party plaintiff.</p>