Clark v. McClain Fire Brick Co.

Citations

• 100 Ohio St. (N.S.) 110

Syllabus

<p>Parties — WHo may be joined plaintiffs — Sections 11234 and 11236, General Code — Damages for destruction of market value of real estate — Ordered sold to pay debts of estate — Executor may sue and join owners of fee, when.</p> <p>1. The provisions of Section 11256, General Code, relate only to persons united in interest, and as to them Section 11256, General Code, is mandatory; but Section 11254, General Code, relates to persons who are not united in interest, but who have any legal or equitable interest in the subject of the action and in obtaining the relief demanded, and permits, but does not require them to be joined as plaintiffs.</p> <p>2. Where an order has issued out of the probate court, directing an executor to sell lands to pay debts of the estate, the executor may maintain an action to recover damages for the wrongful destruction of the market value of such premises, where it appears 'that rights of creditors will be prejudiced thereby.</p> <p>3. The owners of the fee in such land subject to sale by the executor to pay the debts of the estate have an interest in the subject of such action and in obtaining the relief demanded, and may be joined as parties plaintiff under the provisions of Section 11254, General Code.</p>