61 Miss. 210 | Miss. | 1883
delivered the opinion of the court.
The question in dispute is whether J. W. Fowler is a necessary party to the suit, without whom a decree cannot be made. It is true, as counsel for appellants contend, that the court will not require a party to be brought into the suit merely to enable the defendant to exhibit a cross-bill against him, but if a necessary party is omitted the court will decline to proceed until he is joined as a party to the suit.
This is a bill by the trustee and beneficiaries in a junior deed of trust to enjoin the trustee in a senior deed of trust from selling
We pretermit any expression of opinion on the manner in which the question of the necessity of making Fowler a party was presented, since he is so necessary a party that, even at the hearing, the court might refuse to proceed with the cause until he was made a party.
Decree affirmed.