Caylor v. Cooper

Citations

• 165 F. 757
• 1908 U.S. App. LEXIS 5415

Syllabus

<p>1. Trusts (§ 123*) — Trustees—Title.</p> <p>Where a deed of trust stipulated that the trustees named were to hold the properly for a certain period, one of them to have physical possession and the evidence of ownership, subject to periodical examinations by the other, the trustees held the legal title jointly.</p> <p>[Ed. Note. — For other cases, see Trusts, Cent. Dig. § 187; Dec. Dig. § 123.*]</p> <p>2. Trusts (§ 257*) — Action»—Parties.</p> <p>When two or more; trustees hold property jointly, both or all in general are necessary and indispensable parties to any action concerning it.</p> <p>| Ed. Note. — For other cases, see Trusts, Cent. Dig. §§ 363, 388; Dec. Dig. § 257*1</p> <p>8. Parties (§ 35*) — Refusal to Join as Plaintiff — Making- Defendant.</p> <p>Whore two trustees hold the title to trust property jointly, if litigation is necessary and one refuses to be a complainant, ho may be made a defendant.</p> <p>[Ed. Noic. — For other cases, see Parties, Cent. Dig. § 54; Dec. Dig. § 3o.-'j</p> <p>4. Parties (§ 78*) -Nonjoinder — Trustees.</p> <p>Where one of two joint trustees refuses to he a complainant in litigation involving the trust property, the fact that he is joined as a defendant does not create a nonjoinder of parties complainant.</p> <p>[Ed. Note. — For other cases, see Parties, Cent. Dig. § 122; Dec. Dig. § 78.*]</p> <p>5. Courts (§ 307*) — Jurisdiction—Citizenship—Neoessaey and “Indispensable Parties.”</p> <p>For jurisdictional purposes, federal courts divide parties into formal, necessary, and indispensable parties; indispensable parties being those having an interest- in the controversy of such a nature that a final decree cannot be made without affecting that interest, or leaving the controversy in such a condition that its final determination may be wholly inconsistent with equity and good conscience.</p> <p>[Ed. Note. — For other cases, see Courts, Dec. Dig. § 307.* For other definitions, see Words and Phrases, vol. 4, p. 3559.]</p> <p>6. Tru