Lambert v. Dracos

TILLMAN PEARSON, (Retired), Associate Judge.

The controlling question presented on this appeal is: May a mortgage foreclosure be maintained against one of two debtors who is a tenant in common with another without joining the second co-tenant who is also a co-obligor on the mortgage? We hold the co-tenants as co-obligors on the mortgage are indispensable parties and that it was prejudicial error to deny appellant/defendant’s motion to dismiss on the ground of failure to join his co-tenant, co-obligor.

George and his wife, Clara Lambert, jointly executed a promissory note which was secured by a…