55-22 - When person not a party, etc., may take or sue under instrument.
§ 55-22. When person not a party, etc., may take or sue under instrument.
An immediate estate or interest in or the benefit of a condition respectingany estate may be taken by a person under an instrument, although he be not aparty thereto; and if a covenant or promise be made for the benefit, in wholeor in part, of a person with whom it is not made, or with whom it is madejointly with others, such person, whether named in the instrument or not, maymaintain in his own name any action thereon which he might maintain in caseit had been made with him only and the consideration had moved from him tothe party making such covenant or promise. In such action the covenantor orpromisor shall be permitted to make all defenses he may have, not onlyagainst the covenantee or promisee, but against such beneficiary as well.
(Code 1919, § 5143.)