Huckabee v. Newton

Citations

• 23 S.C. 291
• 1885 S.C. LEXIS 105

Syllabus

<p>1. In actions affecting the fee in real estate, where the legal title is in a trustee, he is a necessary party to the action, or, if he be dead, his heirs.</p> <p>2. Under a deed to a trustee, his heirs and assigns, to permit L. to enjoy the land for her life without rent, and at her death to convey the same to her children then living, and to the children of such as were dead, the remainder was contingent, and the trust was not executed on the death of L.; and in action for partition, the trustee being dead, his heir was a necessary party.</p> <p>3. In demurrer for defect of parties, the objection to the complaint must be so indicated as to enable the plaintiff to make the proper amendment, but it is not necessary to give the names of those who should be joined.</p>