45 So. 979 | Miss. | 1908
delivered the opinion of the court. .
The record shows that Bond and Evans are necessary and indispensable parties. Without them no proper decree can be made. This is apparent on the face of the record, and is particularly true as to Bond. This objection was not urged on the trial in the court below; but, it being impossible to make a proper decree without having these parties made defendants, this court will, of its own motion, decline to act until these parties have been joined. In the case of Clayton v. Merrett, 52 Miss., 360, the court said, in speaking of the failure on part of complainants to make necessary parties defendant to the bill
Reversed and remanded, with leave to complainant to amend the bill within sixty days from date mandate is filed.
Reversed and remanded.