Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42. Page: 124
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124 HUGHES V. ROPER. [Tyler Term,
Argument for the appellants.
Parties, ch. 1, sec. 1, p. 11; Story's Eq. Plead., sec. 76a;
Robson v. Osborn, 13 Tex., 299, 305.) And all parties in
interest to be affected in any way by the decree or judgment
sought, if known, ought to be made parties defendant
or plaintiff in the suit. (Denison v. League, 16 Tex.,408;
Allison v. Shilling, 27 Tex., 450.)
4th. The verdict of the jury subjects only the separate
property of Reece Hughes, sen., and the community property
of his second marriage to the satisfaction of Roper's
judgment. But there is no finding and designation of what
portion of the property which had been levied on is of the
separate property of Reece Hughes, sen., or of the community
of his second marriage, and no finding which will
enable the court to determine by its judgment what portion
of the property, if any, would be subject to Roper's
levy. And the judgment of the court does not ascertain
or attempt to ascertain and designate what is the separate
property of Reece Hughes, sen., or the community property
of his second marriage, or what part of the property
levied on was the separate property of his second wife and
her heirs, or what part of it was the community property
of the first marriage, so as to designate the part of the
property not subject to Roper's levy, or to sell in satisfaction
of his judgment. And the judgment of the court
undertakes to annul the conveyance from Reece Hughes,
sen., to W. P. and Reece Hughes, jun., without any finding
of a fraudulent conveyance, except the general verdict,
and without any proof of fraud in the conveyance. But
it does not attempt to annul or impair the force and effect
of the conveyance from W. P. and Reece Huglles, jun.,
to the four minors of three-fourths of this same property.
And while the judgment leaves three-fourths of this property
with the legal and equitable title in these minors, it at
the same time seems to have intended to dissolve the injunction
as to all of it, and to subject it all to levy and sale
to satisfy Roper's judgment. A court of equity surely can
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42., book, 1881; St. Louis, Mo.. (texashistory.unt.edu/ark:/67531/metapth28531/m1/132/: accessed January 19, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .