Wilson v. Castro

Citations

• 31 Cal. 420

Syllabus

<p>Parties in Equity.—All persons materially interested either legally or beneficially in the subject matter of a suit in equity, which may be affected by the decree, ought to foe made parties, so that there may he a complete decree, which shall bind them all and prevent future litigation.</p> <p>Idem.—The above rule is one somewhat of convenience, and will not be rigidly enforced when its observance would be attended with great inconvenience and answer no substantially beneficial purpose.</p> <p>Multifariousness of Bill in Equity.—A bill in equity is multifarious when several matters are united against one defendant which are perfectly distinct and unconnected, or when relief is demanded against several defendants of several matters of a distinct and independent nature.</p> <p>Idem.—A bill in equity is ’not multifarious if there is a common liability in the defendants and a common interest in the plaintiffs, or if the interests of the plaintiffs are the same, and the defendants have not a coextensive common interest, but their interests are acquired under different instruments from the same source of title.</p> <p>Idem.—If a bill in equity to enforce a trust avers that plaintiffs’ grantors inherited a tract of land as heirs at law of their brother, who received a grant of the same from the Government of Mexico, and died intestate, and that two of the defendants afterwards received patents for distinct parcels of the same, and that the several other defendants claim the title to separate and distinct parcels of the same derived from the patentees, and that the defendants hold the legal title to the several distinct parcels in trust for the plaintiffs, it is not multifarious.</p> <p>Separate Estate of Husband.—Under the Spanish and Mexican law, land granted by the Government to the husband as a donation, became his separate estate, and passed, upon his dying intestate, to his heirs at law.</p> <p>Trust Estate.—If one who has a grant of land from the Government of Mex