106 Mich. 695 | Mich. | 1895
(after stating the facts).
3. We do not think that the third point in the demurrer should be sustained. If defendant has made no arrangement with the other legatees named, by which he has assumed and agreed to pay them, or has not paid them, they would be necessary parties, because, should the land prove insufficient, the legacies should be paid pro rata out of the amount realized. While the allegation is not as specific as it might be, yet the statement that he has assumed and agreed to pay them leaves the case open to proof of a novation, “which might relieve the land from any lien on account of such legacies.
The decree is reversed, with costs of both courts, and the case remanded, with permission to answer in accordance with the rules and practice of the court