Schenck v. Salt Dome Oil Corp.

Harrington, Chancellor:

The real beneficial owners are the essential parties to a suit in equity. Hunter v. McCarthy, ante p. 27, 36 A. 2d 261; 30 C.J.S., Equity, § 135, p. 567. See also Walker v. Caldwell, 8 Del. Ch. 91, 67 A. 1085. But as a general rule, though the complainants have all of the equitable rights in the matters in controversy, the legal owners should also be made parties in order that they may be bound by the decree and to prevent any possible annoyance to the defendant by subsequent actions at law. 1 Daniell’s Ch. Pl. & Pr. (6 Amer. Ed.) *p. 193; Cutler v. Tuttle, 19 N.J. Eq.…