Conroy v. Cover

On Rehearing.

Upon motion for rehearing we have given the matter of non-joinder of parties most careful consideration and our conclusion is that the motion must be denied.

The only difference of opinion that can exist on that point is on the question whether the rights of the *439omitted brothers can be saved under the provision of Code ch. 1, sec. 16.

The method of saving such rights in English chancery was by permitting the absentees to reopen the decree if when they returned, it was found to be erroneous. Williams v. Whinyates, 2 Brown’s Chan. 399; Smith v. Hibernian Mine Co., 1 Schoales and…