Prentice v. Kimball
Illinois Supreme Court
APPEAL EROM McDONOTJGH. This was a bill filed in McDonough Circuit Court, 7th February, 1854, by appellee against appellant, together with J. P. M. Buchanan and Jabez J. Piggott. Bill alleges that on the 27th of August, 1851, complainant was the owner in fee of the N.W. qr. of Sec. 17, T. 6 N., R. 1 W., in said county. Said premises were patented to Levi Cole, 1st Jan., 1818, and complainant holds by regular conveyances from patentee, derived through defendant, Piggott.
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APPEAL EROM McDONOTJGH. This was a bill filed in McDonough Circuit Court, 7th February, 1854, by appellee against appellant, together with J. P. M. Buchanan and Jabez J. Piggott. Bill alleges that on the 27th of August, 1851, complainant was the owner in fee of the N.W. qr. of Sec. 17, T. 6 N., R. 1 W., in said county. Said premises were patented to Levi Cole, 1st Jan., 1818, and complainant holds by regular conveyances from patentee, derived through defendant, Piggott. Piggott conveyed to one Thomas Oulvertson, on the 9th December, 1850, deed recorded 8th Febuary, 1853; that said premises…
1Opinion of the CourtBreese, J.
It is a rule in courts of equity, that all persons are to be made parties to a suit therein who have any substantial, legal or beneficial interest in the subject matter of the litigation, and who are to be materially affected by the decree which may be rendered. Spear v. Campbell et al., 4 Scam. R. 426.
This rule may be considered as inflexible, yielding only when the parties are very numerous, and so scattered that their names or residence cannot be ascertained without great and extraordinary difficulty. 1 Scam. R. 573.
Testing this case by this rule, it will be apparent that one person,…
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