Prairie Twp. Trustees v. Garver

SHERICK, PJ.

Considering the first ground of the demurrer, we note from briefs and arguments that Miller is the owner of the land lying south of the plaintiff’s woodlot, and that it was his complaint upon which the trustees acted. We might here state that this admission clarifies contradicting statements appearing in the petition with reference to the owner or the owners of the land lying south of the woodlot.

We are unable to see that the first ground of demurrer is well taken. Miller is no doubt a proper party, but he is not a necessary and indispensable party. The trustees complain that this…