Loving v. Wilson

The plaintiffs, Mary Green Loving, Charles Wilson, John Wilson, and Carl Wilson, filed this action against the defendants, Joseph Wilson, Booker Wilson, and James Wilson, seeking a sale of certain property located in Jefferson County and a division of the proceeds. The trial court dismissed the action on a motion by the defendants for the failure of the plaintiffs to join "indispensable" parties to the litigation. The plaintiffs appeal from this dismissal.1

The complaint alleged that the plaintiffs and defendants held the property as tenants in common, with each person owning an undivided…