Withington v. Cloud

The issue in this case is whether the trial court erred in dismissing the complaint for failure to join certain persons as defendants. John W. Withington and Jean T. Withington filed this action against Emmett W. Cloud and Margaret B. Cloud,1 seeking a judgment declaring that they should be allowed to subdivide their lot in Tanglewood Park, Fourth Sector, First Addition, a subdivision created by Emmett Cloud. The Clouds contend that the other owners of property in the First Addition are indispensable parties. The Withingtons counter with the argument that the other property owners are not…