Widow & Heirs of Baird v. Russ

On Motion to Dismiss.

The opinion of the Court was delivered by

Fenner, J.

The ground of want of proper parties, assigned in the motion to dismiss, is fatal to this appeal. The suit is brought to recover immovable property now held by defendant, Russ, under a title running back through several successive conveyances recited in the petition. Not only Russ, but his several successive authors, were made parties defendant, and were cited; and judgment was prayed for " against all of said defendants, each and severally, annulling and setting aside each and every of said sales, and * * * condemning…