30 W. Va. 198 | W. Va. | 1887
The bill in this, cause was filed fqr tbe purpose of setting
Prom this decree D. C. and A. D. Sayre appealed and assigned as error certain omissions of the court, among others that the sale should not have been ordered till the amount of the rents and profits of the land while in possession of Knight had been ascertained and credited on his trust-lien.
An inspection of the record discloses the fact, that D. P. Pinney, the judgment-creditor, was not a party to this suit. The suit is brought precisely as Grove v. Judge, 24 W. Va. 291, was brought. There the plaintiff, Grove, sued for the “use of Scherr and Yassler.” Here the only plaintiff is Kel-lam who sues for the “use of D. P. Pinney,” the judgment-creditor. In that case the Court said: “Itis very clear, that Scherr and Yassler should have been made parties to the suit. There is no such thing in equity as bringing a suit in the name of one party for the use of another. Equity deals with the real parties in interest. At law sometimes a suit is brought in the name of the party, to whom the note or bond is executed, for the use of the real party in interest so as to give notice, to whoui the debt is then due, and to whom it
For this reason alone the decrees rendered in this cause-by the Circuit Court of Mason county on the 16th and 17th. days of September, 1886, respectively are reversed-; and this-cause is remanded to the Circuit Court of Mason county for-said Pinney to be made a party plaintiff in the cause, and. for further proceedings.
REVERSED. REMANDED..