Atkins v. Billings

Citations

• 72 Ill. 597

Syllabus

<p>1. Parties in chancery—generally. It is a rule in equity pleading that all persons who have any substantial, legal or beneficial interest in the subject matter of litigation, and who will be materially affected by the decree which may be pronounced, must be made parties.</p> <p>3. Same—on bill to enjoin judgment at law, and to cancel contracts of sale. A bill was filed to enjoin the collection of a judgment at law and to cancel a contract of sale of land for the purchase money of which the judgment was obtained. It appeared that another person than the grantor named in the contract was interested in the subject matter of the sale and was to receive one half the purchase money: Held, that such third person was a necessary party to the bill.</p> <p>3. Amending bill to make pai’ties. In sueh a case, where a necessary party had been omitted, it was held, if the complainant applied for leave to amend his bill by making the necessary parties, it would have been proper to allow him to do so, after the dissolution of the preliminary injunction which had been granted. But in the absence of such an application the bill should be dismissed.</p>