McDermott v. French

The Chancellor.

A demurrer is filed to a bill for partition, brought by a grantee of the husband against the wife.

The first ground of demurrer is fatal. The husband is a necessary party. The wife cannot bo sued alone. She can defend the suit, except under special circumstances, only jointly with her husband. Mitford’s Eq. Pl. 105; Story’s Eq. Pl., § 71.

The rule observed in recent cases is, that a wife though living separate, even though she has been separated by deed, cannot be sued alone; her husband must be joined, if only for conformity. Calvert on Parties 269.

The second ground of demurrer…