Norris, Caldwell & Co. v. Bean

Citations

• 17 W. Va. 655
• 1881 W. Va. LEXIS 80

Syllabus

<p>1. A judgment-creditor may sue in equity to enforce his lien on his judgment-debtor’s lands for himself and all other judgment-creditors of his debtor,'other than those made defendants in his , bill. See Neely v. Jones. 16 W. Va. 625.</p> <p>2. The necessary parties defendant in such a hill are :</p> <p>I. The judgment-debtor himself.</p> <p>II. The trustees in all deeds of trust on the judgment-debtor’s lands sought to be subjected to the payment of judgment-liens.</p> <p>III. If the deeds of trust are deeds to secure the payment of a limited number of debts, then the cestuis que trust in these deeds including not only the parties, to whom the debts secured are due, but also all the obligors in these debts, if there be any other obligor than the grantor or judgment-debtor, and if the trusts are of different character, then all the cestuis que trust in them, unless from their indefinite description or some other good reason they would not all be made defendants in any suit in equity brought by an adverse claimant against the trustee respecting the trust-property.</p> <p>IV. All the several plaintiffs as well as all the several defendants in all judgments in the courts of record in the counties, in which the lands sought to be subjected lie, which have been rendered against the judgment-debtor alone or the judgment-debtor and other defendants jointly, and also all the plaintiffs and all the defendants in any such judgments, whether rendered by courts of record or by justices in any part of the State, which have been docketed on the judgment-lien docket of said county or counties,' See Neely v. Jones, 16 W. Va. 625,</p> <p>V. Any other party, who according to the general rules of equity in the particular case has such a direct interest in the subject-matter or object of the suit, as would render it necessary, that he should be made a defendant to the suit, as for instance the transferee or other owner of any debt secured by a deed of trust on any part of the real e