143 S.E. 231 | W. Va. | 1928
A vacant lot charged to Edward Vaughn upon the land books of Brooke county was returned delinquent for the nonpayment of taxes for the year 1918, and was sold therefor on December 13, 1920, to John Banfi. In the meantime, to-wit, on August 30, 1920, Vaughn had conveyed the lot to John B. and Wilma S. Ballough. On June 16, 1923, the clerk of the county court of Brooke county made a deed to F. L. Letzuks *504 purporting to convey the lot by reason of the sale for the delinquency for the year 1918. No privity of record is shown, however, between Letzuks and Banfi. Letzuks deeded the lot to Alice Tarr on August 18, 1924. She shortly afterwards erected a dwelling house on the lot at an alleged cost of $4,500.00, and has been in actual possession of the lot ever since. On March 6, 1925, the plaintiff purchased the lot of the Balloughs and in about a month instituted this suit, wherein he seeks to cancel the deeds under which Miss Tarr holds, as clouds on his title. From a decree in his favor she appeals.
It appears from the testimony of the plaintiff that he is the attorney of R. C. Evans, for whom he purchased the lot, after investigating the title, and that he is holding the lot simply as trustee for his client. Evans is not a party to the suit.
It is a fundamental rule that all persons who are materially interested in the subject matter of the litigation should be made parties thereto. Burlew Tr. v. Quarrier,
The cause as submitted is not fully developed as to what information plaintiff and his grantors had of the improvement, at the time it was being made on the lot, and of their attitude thereto. We suggest that this be done before the case is re-submitted.
Reversed and remanded.