Angel v. Waligora

I do not concur in dismissing the bill on technical grounds. The case should be finally disposed, of on the record before us. It is true that in Windoes v. Cohoell, 247 Mich. 372, we held that where no claims had been proved against the estate a bill in equity could not be maintained by a special administrator to reach real estate voluntarily conveyed. However, in that opinion, Mr. Justice Potter, writing for the court, said:

“Every action must be prosecuted by the real party in interest. 3 Comp. Laws 1915, § 12353. No action in equity shall be defeated by the nonjoinder or misjoinder of…