24 Tenn. 79 | Tenn. | 1844
delivered the opinion of the court.
So far as the administrator of Hopkins is concerned, this is a bill for the specific performance of a contract to convey lands, made by Hopkins in his lifetime with the complainant, and evidenced by a title bond. The heirs of Hopkins are not made parties to the suit, and the main question is, whether a suit in Chancery for the conveyance of real estate, which has descended to the heirs by the death of the ancestor, can be maintained against the personal representative alone, without joining the heirs. Upon general principles it is most obvious that it cannot be maintained. The general rule as to parties, says Lord Redesdale in his Treatise on Chancery Pleadings, p. 145, is, “That however numerous the persons may be, who are interested in the subject of a suit, they must nevertheless be all made parties plaintiffs or defendants so that a complete decree may be made between those parties;” it being the constant aim of the Court of Equity todo complete justice, by embracing the whole subject, deciding upon and settling the rights of all persons interested in the subject of the suit, to make the order of the court perfectly safe to those who are compelled to obey it, and to prevent future litigation. And Mr. Cooper in his Treatise on the same branch of learning, says: “the first general rule to be observed upon this subject is, to make all persons parties who are either legally or beneficially interested in the subject matter or result of the suit. The heirs, in such a case as the present, are the legal owners of the very estate
The decree of the Chancellor is, therefore, affirmed as to both defendants, and the bill dismissed without prejudice.