Burrill v. Garst
Supreme Court of Rhode Island
Bill in Equity to compel a conveyance of realty. • On demurrer. The case stated by the bill was that the complainants were the equitable owners in fee of the land in suit on the ground that it had been purchased by Elethear Burrill with money in which she had a life interest only and which upon her decease would have belonged absolutely to the complainants, and that the Rhode Island Hospital Trust Company, the executor and trustee under the will of Elethear Burrill, under…
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Bill in Equity to compel a conveyance of realty. • On demurrer. The case stated by the bill was that the complainants were the equitable owners in fee of the land in suit on the ground that it had been purchased by Elethear Burrill with money in which she had a life interest only and which upon her decease would have belonged absolutely to the complainants, and that the Rhode Island Hospital Trust Company, the executor and trustee under the will of Elethear Burrill, under the authority of the Municipal Court of the city of Providence, as a court of probate, had sold the land to the…
1Opinion of the CourtMatteson, C. J.
The general rule in equity as to parties is that all persons interested in the subject matter of the suit or in the object to be attained by it ought to be made parties either as complainants or respondents. Story’s Eq. Pl. §§ 12, 136-152. D’Wolf v. D’Wolf, 4 R. I. 450, 454 ; Mechanics’ Bank of Alexandria v. Seton, 1 Pet. 299, 306 ; Van Keuren v. McLoughlin, 21 N. J. Eq. 163, 165. In Bailey v. Ingles, 2 Paige, 278, the rule is stated as follows : “ Persons are necessary parties when no decree can he made respecting the subject matter of litigation until they are before the court, either as…
2Cases cited2 opinions
- The Mechanics Bank of Alexandria v. LOUISA & MARIA SETONSupreme Court of the United States · 1828
- Bailey v. IngleeNew York Court of Chancery · 1830
3Cited by5 opinions
- Anderson v. AndersonSupreme Court of Rhode Island · 1971
- Hart v. WilsonCourt of Appeals of Texas · 1926
- Udolpho Wolfe Co. v. CommissionerUnited States Board of Tax Appeals · 1929
- Hart v. WilsonCourt of Appeals of Texas · 1926
- Udolpho Wolfe Co. v. CommissionerUnited States Board of Tax Appeals · 1929