Texas Commission of Appeals June 21, 1880, Case No. 3536 (Walton v. Talbot)

Quinan, J.

We are of opinion that this assignment is well taken.

Whatever may be said of the imperfection of the pleadings of the heirs of Hughes, who were called in and made parties by the defendants, it cannot be doubted that the petition of Walton, administrator of Hughes, set up a good cause of action, entitling him to recover, if the averments were sustained by the proof.