Yarde v. Yarde

Appellant and his wife are the owners by the entirety of certain real estate in DeKalb County, Indiana. This action is for possession of that real estate. A demurrer to the complaint for defect of parties was sustained. Appellant refused to plead further and this appeal is from the judgment that followed.

The complaint alleges that appellant’s wife is under guardianship but does not disclose the reason. Appellee contends that the wife or her guardian is a necessary party either plaintiff or defendant.

Appellant says that the statute (§ 38-102, Burns’ 1933) emancipating a married woman so far as…