Texas Brewing Co. v. Bisso , 50 Tex. Civ. App. 119 ( 1908 )

ON MOTION' EOR REHEARING.

In the motion for rehearing our attention is called to evidence showing that Johnston conveyed three tracts of land deeded to him by Bisso and wife to Mrs. Bisso in May, 1904. This being so, the statement in our opinion, that “she was not a necessary or proper party to the cross-action against him to foreclose an abstract lien upon property alleged to have been fraudulently conveyed by him to defeat the payment of a judgment against him” is not correct as applied to the facts. In such ease she would be a necessary party. This does not affect the result of the case. We hold the trial court did not abuse his discretion in refusing to permit the joinder of the matters set up by the Brewing Company in its cross-answer. The motion for rehearing is overruled.

Affirmed.

Writ of error refused.