Lunsford v. Marx

The original bill by Marx is for foreclosure of a mortgage given by Lunsford to De Graffenried to secure the balance of the purchase price of the lands embraced in that conveyance.

The original bill alleges that said mortgagor had conveyed the land to Davis subject to the terms of the De Graffenried mortgage, and makes parties respondent the mortgagor and grantee Davis, and does not make a party the original grantee, De Graffenried, if living, or his legal representatives, if he is dead. It was held that the lack of necessary parties complainant and respondent shown by inspection of the bill…