Embler v. . Embler

Tbe defendant demurred to tbe complaint upon two grounds: First, that there is a defect of parties defendant, since it appears upon tbe face of tbe complaint that tbe action, in part, is directed toward tbe sale of lands descended from C. 'B. Embler to H. L. Embler and E. T. Embler; wbo are necessary to a final determination of tbe controversy; and second, tbat tbe complaint does not state a cause of action against tbe defendant.

Upon reading tbe complaint, we are of opinion tbat tbe demurrer for defect of parties must be sustained, and it is so ordered, 'subject to tbe right of tbe plaintiffs…