13 Tex. 338 | Tex. | 1855
The party whom the plaintiff in error represents, did not set up a claim to the property subjected by the judgment to the payment of his debts. On the contrary, he disclaimed ownership, and on that ground, asked that the suit as to him be dismissed. The plaintiff in error cannot now complain that the judgment has not accorded to him rights which he, when made a party to the suit, did not claim, and which his intestate expressly disclaimed. He did not ask that anything be adjuged in his favor, and the only matter adjudged against-him was costs. This, then, is the only matter of which he can complain; for he surely cannot complain of the judgment against his co-defendant, which operates in discharge of the debts of his intestate. And the only question properly arising to be determined upon this writ of error is, whether the party represented by the plaintiff in error was properly joined
Judgment affirmed.