Briggs v. Freeway Park Development Company

MASSEY, Chief Justice.

The appeal in this instance is from a summary judgment granted Freeway Park Development Company, hereinafter termed plaintiff, against R. A. Briggs, hereinafter termed defendant. We reverse this judgment and remand the cause.

Basis of our action lies in our opinion, and holding, that the want of a necessary party inhibited a recovery under the theory upon which the summary judgment was granted. This necessary party was S. M. Briggs, Trustee, father of the defendant. Although the form of action of statutory trespass to try title in a suit against defendant by plaintiff did…