Dorman v. Brereton

Citations

• 140 Ill. 153
• 29 N.E. 703

Syllabus

<p>1. Parties—ira chancery—all persons in interest must he made parties.. The owner of a tier of lots numbered from north to south, by mistake, supposing the lots to be numbered from south to north, conveyed lot 7 ■ instead of lot 2, and the grantee conveyed the lot by the same number to the complainant, who filed her bill against the original owner for the correction of the description in the deeds: Held, that the intermediate owner of the lot was a necessary party.</p> <p>2. And when the owner afterward conveyed to B lot 2, instead of' lot 7, by a like mistake, and afterward procured a conveyance from him of lot 2, it was also held, that B was a necessary party to the bill, as well, as the holder of a mortgage given upon lot 7, intended for lot 2.</p> <p>3. All persons who have any substantial interest in the subject matter, and whose rights are to be materially affected by the decree, must be made parties, except when they are very numerous and scattered,, so as to settle all their rights and equities, and thus avoid a multiplicity of suits.</p>