Hartley v. Langkamp

Citations

• 243 Pa. 550
• 90 A. 402
• 1914 Pa. LEXIS 662

Syllabus

<p>Equity — Equity practice — Indispensable parties — Fraud—Fraudulent deed — Reconveyance — Legal owner — Practice, Supreme Court.</p> <p>1. In a proceeding in equity a party is indispensable when he has such an interest that a final decree cannot be made without affecting it, or leaving the controversy in such a condition that a final determination may be wholly inconsistent with equity and good conscience. The rule as to indispensable parties is neither technical nor one of convenience. It goes absolutely to the jurisdiction and without their presence the court may grant no relief. .</p> <p>2. One must be joined who otherwise, not being bound by the decree, might assert a demand against the principal defendant which would be inequitable after the latter’s performance of a decree in favor of the plaintiff.</p> <p>3. An objection to a proceeding on the ground of the absence of an indispensable party may be raised at any time, during the hearing or on appeal from the decree of the trial court.</p> <p>4. In a proceeding in equity plaintiff’s bill averred that one of the parties defendant, conspiring with the other, had fraudulently obtained a conveyance of land from the plaintiff, and prayed a decree that the plaintiff’s deed to the defendant “and any deed which the defendant may have made to” the other defendant “for the property, or to any person” should be of no effect, and to order the same to be delivered up in court to be cancelled. The answer denied the conspiracy and alleged that the defendant grantee purchased the lot for his sist'er with her own money, that he took title under a dry trust, and that subsequently he had executed and delivered a deed for the property to her. Upon hearing the court below sustained the allegation of fraud, but also found that the purchase money was paid by the sister, and that the defendant had taken title for her at her request, and had made a mortgage for the unpaid balance of purchase money; and entered a decree declaring the