Williams v. Kimes

I respectfully dissent. The appropriate disposition here is to dismiss the appeal on jurisdictional grounds. The Farmer’s Bank (bank), as the mortgagee and beneficiary under a deed of trust, is an indispensable party to this litigation in its present posture. Failure to join an indispensable party deprives the trial court of jurisdiction to enter judgment and, therefore, deprives this Court of jurisdiction to decide the appeal.

This case began, and will end, as a quiet *157title suit pursuant to sec. 527.150, RSMo,1 between the Williamses and the Kimeses. The Williamses’ title derived from an…