42 Tex. 116 | Tex. | 1874
A sufficient answer to the objection that Reece Hughes, sen., ought to have been made a party, is found in the fact that the record does not show that the question was raised in the court below. Objections for want of parties come too late when made for the first time in the appellate court. (Shelby v. Burtis, 18 Tex., 648.)
It may be added that the point is not embraced in the assignment of errors.
The verdict in favor of defendant being in effect a finding that the conveyance under which plaintiffs claimed
It is urged that the verdict and judgment are both defective, in failing to désignate what part of the property levied on is the separate property of Eeece Hughes, sen., and what part the community of the second marriage. A brief statement of the pleadings will show that this complaint cannot avail appellants.
Appellants enjoined the sale of certain lands claimed by
The assignment objects that the charge as given was defective. It does not appear, however, that any instructions were asked by appellants.
The judgment is affirmed.
Affirmed.