Lemmon v. Dunn
Mississippi Supreme Court
Appeal from tho Chancery Court of De Soto County. Hon. J. G. Hall, Chancellor. The appellants filed a bill to enjoin the execution of the deed of trust for insufficient description as stated in the opinion, and the appellees pleaded that the grantor in the two deeds was a necessary party, because they were entitled to have their trust deed reformed so as to perfect the description of the land.
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Appeal from tho Chancery Court of De Soto County. Hon. J. G. Hall, Chancellor. The appellants filed a bill to enjoin the execution of the deed of trust for insufficient description as stated in the opinion, and the appellees pleaded that the grantor in the two deeds was a necessary party, because they were entitled to have their trust deed reformed so as to perfect the description of the land. This plea was set down for argument on its sufficiency, and the Chancellor held that it was sufficient in law and ordered the complainants either to amend their bill by making J. W. Fowler a party, or…
1Opinion of the CourtCampbell, C. J.
The question in dispute is whether J. W. Fowler is a necessary party to the suit, without whom a decree cannot be made. It is true, as counsel for appellants contend, that the court will not require a party to be brought into the suit merely to enable the defendant to exhibit a cross-bill against him, but if a necessary party is omitted the court will decline to proceed until he is joined as a party to the suit.
This is a bill by the trustee and beneficiaries in a junior deed of trust to enjoin the trustee in a senior deed of trust from selling *212land by virtue of tbe power conferred by it, on…
2Cited by7 opinions
- Gates v. Union Naval Stores Co.Mississippi Supreme Court · 1908
- Smith v. W. Denny & Co.Mississippi Supreme Court · 1907
- Security Mut. Life Ins. Co. v. BrunsonMississippi Supreme Court · 1936
- Calcote v. WiseMississippi Supreme Court · 1953
- Hooks v. BurnsMississippi Supreme Court · 1934
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