Hatch v. Calvert

Citations

• 15 W. Va. 90
• 1879 W. Va. LEXIS 17

Syllabus

<p>1. H. filed his bill against C, to subject land to the payment of a negotiable note past due, which he alleges' was endorsed by the payee to him before maturity, and which note was a vendor’s lien on this land. The defendant denies that the plaintiff is the bona fide holder of this note, and alleges that he had, before the note became due, been served with an attachment in a suit in the same court, brought by a creditor of the payee, which attUchment was still pending; and he files with his answer a copy of the record in the attachment-case. A blank endorsement of the payee’s name is found on the back of the note. Held :</p> <p>That the court could not properly render a decree in favor of the plaintiff, till this attaching creditor was made a party to the suit; but the plaintiff had a right to prosecute such a suit on making the necessary parties defendants, and was not required in lieu thereof to file his petition in the attachment -cause.</p>