Arndt v. Sands

FOSTER, Justice.

This is an appeal from a decree sustaining a demurrer to a bill in equity. The decree recites that it is sustained, because of a misjoinder of complainants, in that the bill as amended alleges that three of the complainants have no interest in the land sought to be sold for division between tenants in common.

It is ' apparent that parties are improperly joined in such a suit for that purpose, unless there is some equity in their favor which justifies it, and which is not here shown. Staples v. Barret, 214 Ala. 680, 108 So. 742, 46 A.L.R. 1084; Caheen v. First National Bank, 230…