Gates v. Union Naval Stores Co.
Mississippi Supreme Court
From the chancery court of Harrison county. Hon. J. O. S. Sanders, Special Chancellor. The Union Naval Stores Company, a corporation, appellee, was the complainant in the court below, and Gates and another, appellants were defendants there. From a decree in complainant’s favor defendants appealed to the supreme'court.
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From the chancery court of Harrison county. Hon. J. O. S. Sanders, Special Chancellor. The Union Naval Stores Company, a corporation, appellee, was the complainant in the court below, and Gates and another, appellants were defendants there. From a decree in complainant’s favor defendants appealed to the supreme'court. The Union Naval Stores Company charged that Preston Bond in 1894 acquired from the United States the title to the land upon which lots one and two of block four of the town of Bond were subsequently platted; that Bond and one W. 7. Evans were for several years in partnership in…
1Opinion of the Court
Mates, J.,
delivered the opinion of the court. .
The record shows that Bond and Evans are necessary and indispensable parties. Without them no proper decree can be made. This is apparent on the face of the record, and is particularly true as to Bond. This objection was not urged on the trial in the court below; but, it being impossible to make a proper decree without having these parties made defendants, this court will, of its own motion, decline to act until these parties have been joined. In the case of Clayton v. Merrett, 52 Miss., 360, the court said, in speaking of the failure on part of…
2Cases cited2 opinions
- Lemmon v. DunnMississippi Supreme Court · 1883
- Temple v. HammockMississippi Supreme Court · 1876
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- Cooper v. City of PicayuneMississippi Supreme Court · 1987
- Lott v. DashiellCourt of Appeals of Texas · 1921
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