128 Ga. 836 | Ga. | 1907
(After stating the facts.) The court having placed the decision only upon the questions of misjoinder of causes of action and nonjoinder of necessary parties, we will deal only with those questions. The allegations of the petition, in effect, charge that Mary L. Floyd Jones, by virtue of the security deed, acquired a title to all the property as security for the debt, which was superior to the title of the plaintiffs. It follows that the lien of the judgment upon which execution issued, which was admittedly valid, was also superior to the title asserted by the plaintiffs. If the sale by the sheriff to W. J. Cook and the sale by the sheriff to Daniel Cummings were both void as alleged, neither of these acquired any title whatever to the land which the sheriff conveyed to them respectively. But it is alleged that each of them was subrogated to the rights of Mary L. Floyd Jones. See Ashley
From what has been said it is manifest that under the allegations Mary L. FÍoyd Jones has an interest in the security, and also that the estate of W. J. Cook is substantially interested. The security as a whole could not be decreed satisfied, nor could a complete accounting be had, without making them parties. Their respective interests extend to every feature of the ease. The facts of the demise of W. J. Cook, and omission to have administration upon his estate between the time of filing the suit
Judgment affirmed.