Oliver v. Irvin

Duckworth, Chief Justice.

This case arises out of an action to enjoin a continuing trespass upon land, brought by the life tenant and the executors under the will of the deceased who devised the land in question to the life tenant with remainder over to his nieces and nephews. A plea in abatement was filed to the action alleging (1) misjoinder of the executors since they had assented to the devise of the life tenant and no longer had an interest in the estate; and (2) nonjoinder of the remaindermen who were necessary parties to the action. The plea was heard by the court without the…