24 Iowa 314 | Iowa | 1868
We will not undertake to determine whether the petition attempts to charge the heirs of Mary A. Moody as liable on the contract of warranty in the deed made by her and John B. Moody, for the Botlunore lot, or on the original contract of sale, or for fraud in the transaction. It is a difficult matter to determine just what the cause of action is, and it is not important for the proper decision of this case. Neither can we- determine, considering the petition and argument together, whether the plaintiff seeks a judgment against the heirs for the amount sued for, or, as to them, the action is in the nature of a creditor’s bill, seeking to hold the lands, the title of which is in them, subject to John B. Moody’s debt, or whether it seeks on equitable grounds, inasmuch as the lands have never been paid for, to subject them to the judgment for the purchase-money. For the purpose of this decision, it is not necessary to determine these questions.
Mary A. Moody held the title to the lands, and was made a party to this suit, which aimed to subject the lands to a certain debt, either of John B. Moody and herself, or of John B. Moody alone. At her death, pending the suit, whatever was its object, or the actual cause
In view of the fact, that the petition is unintelligible in respect to the cause of action, grounds of relief and nature of remedy required, as well as on account of the errors above pointed out, the cause is reversed and remanded for a new trial, with direction that the parties plead anew, and that the plaintiff make the necessary parties defendants.
Without determining who may be necessary parties, in all possible shapes the case may take upon new pleadings, we may suggest, that the safer course in practice, the one which will most certainly terminate litigation and secure adequate relief, in equitable actions, is to make all persons defendants, that the law recognizes to be proper parties, on account of interest in the subject-matter of the action.
Reversed.