Tucker v. Silver
Supreme Court of Iowa
Appeal from Boone District Court. For tbe purpose of securing to plaintiffs a sum acknowledged to be owing them, defendant conveyed to one Hull, certain articles of personal property, to be held by him as trustee, and to be sold and the proceeds applied upon the conditions and in the manner in said deed set out.
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Appeal from Boone District Court. For tbe purpose of securing to plaintiffs a sum acknowledged to be owing them, defendant conveyed to one Hull, certain articles of personal property, to be held by him as trustee, and to be sold and the proceeds applied upon the conditions and in the manner in said deed set out. The money not being paid they filed their petition for the foreclosure of said trust deed, praying judgment for the amount found to be due, and for a sale of the trust property. A demurrer to the petition was sustained upon the ground that the trustee, (Hull) was not made a party,…
1Opinion of the CourtWright, C. J.
The general rule, independent of the Code, is, that a trustee is a necessary party. This general rule is not controverted by the appellant, and is recognized by the following among other authorities: Story Eq. Pl. 207, 209; 1 Danl. Ch. sections 293; McKinley v. Irvine, 13 Ala. 681; Cassady v. McDaniel, 8 B. Monroe 519. Says Mr. Story, sec. 209, supra: “if a bill be brought by a cestue que trust to foreclose a mortgage given to a trustee for his benefit, the trustee should be made, a party(citing Wood v. Williams, *2634 Madd. R. 186.) The trustee holds the legal estate in the thing demanded, and he…
2Cases cited1 opinion
- McKinley v. IrvineSupreme Court of Alabama · 1848
3Cited by9 opinions
- First Trust & Savings Bank v. Iowa-Wisconsin Bridge Co.Court of Appeals for the Eighth Circuit · 1938
- Bennett Savings Bank v. SmithSupreme Court of Iowa · 1915
- McClure v. DeeSupreme Court of Iowa · 1902
- Devin v. HendershottSupreme Court of Iowa · 1871
- Hammond v. TarverTexas Supreme Court · 1896
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