Hensley v. Broadwater

Hatcher, Judge:

This is a suit for partition by sale of .the oil and gas under a tract of 75 acres. The cause was submitted to the court on the bill and two separate answers with their exhibits, to which the plaintiff replied generally. The court dismissed the bill and granted certain affirmative relief to the defendants.

■ The answers alleged and the exhibits proved that one M. T. Ogden was a necessary party to the proceeding. The plaintiff failed to make him a party. This was error calling for reversal. Green v. Coal Co., 109 W. Va. 446, and cases cited therein. An affirmative defense was…