Lynchburg Iron Co. v. Tayloe

Citations

• 79 Va. 671
• 1884 Va. LEXIS 129

Syllabus

<p>1. Practice in Chancery—Parties.—All persons materially interested in the subject of controversy ought to be made parties in equity; and if they are not, the defect, when apparent on the face of the record, may be taken advantage of, either by demurrer, or by the court at the hearing, or in the appellate court.</p> <p>2. Idem—Idem—Assignor.—Where bill in equity asks relief for plaintiff as assignee of the rights of another, the assignor must be made a party to the cause, and the assignment averred, and proved, though not denied in the answer. Corbin v. Emmerson, 10 Leigh, 697.</p> <p>3. Idem—Case at Bar.—Where the note sued on by the alleged assignee has only been endorsed for collection, it is necessary to make the alleged assignor a party.</p>