Camp v. McGillicuddy
Supreme Court of Iowa
Appeal from Johnson District Court. IN CHANCERY. The bill charges that in 1850, one Moore purchased of the United States, among other lands, the E. -J of the S. W. -£ of N. E. | of Sec. 23, Town. 80, Range 8; that in 1854 he sold and conveyed this tract, with others, to the respondent Douglass; that in 1855, Douglass sold and conveyed the same to petitioner, that the grantees in each case took actual possession of the premises, of all which the defendant McGillicuddy had…
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Appeal from Johnson District Court. IN CHANCERY. The bill charges that in 1850, one Moore purchased of the United States, among other lands, the E. -J of the S. W. -£ of N. E. | of Sec. 23, Town. 80, Range 8; that in 1854 he sold and conveyed this tract, with others, to the respondent Douglass; that in 1855, Douglass sold and conveyed the same to petitioner, that the grantees in each case took actual possession of the premises, of all which the defendant McGillicuddy had notice. It is further stated, that after this, Moore, by mistake, conveyed the same land to McGillicuddy, who supposed he…
1Opinion of the CourtWeight, C. J.
We see no error in this ruling. There are cases in which it is proper and necessary to make a person defendant to a proceeding in equity, upon the ground of avoiding a multiplicity of suits. His rights may not be directly affected by the decree, but it may occur that if the complainant succeeds, the respondent will thereby acquire a right to call upon the party omitted or not joined, either to reimburse him, or reinstate him in the position lost by the complainant’s success. And if so, the person consequentially liable to be thus affected, should be before the court that his liability may be…
2Cited by5 opinions
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- Independent School District No. 3 v. GunnSupreme Court of Iowa · 1894