Kirkland v. O'Kelly

(after stating the facts as above). The soundness of the decree, in so far as it compels specific performance of the contract, is not seriously questioned. It is too clear to permit of controversy that Kirkland individually, being the sole legatee under the' will of the vendor, to whom the legal title passed, was not only a proper but a necessary party to the suit. 25 R. C. E. 326, § 143; Morgan v. Morgan, 2 Wheat. 290, 4 L. Ed. § 242; Hickey v. Dole, 66 N. H. 336, 29 A. 792, 49 Am. St. Rep. 614; Owings’ Case, 1 Bland (Md.) 370, 17 Am. Dec. 311.

The burden of appellant’s argument goes to the…