Doe ex dem Duval's heirs v. McLoskey

Decided 1840-06-15

Cited by 100 later decision(s) in our corpus · see the citation network in Lexace

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From the opinion

COLLIER, C. J. — 1. It is a general rule, that all persons whose interests are to be affected or concluded by the decree, ought to be made parties to a bill for the foreclosure of a mortgage. If they are not made parlies, the decree of foreclosure and sale does not bind them. (Story’s Eq. Pl. 177 ) So if the mortgagor, who is the owner of the fee, should die, his heir is an indispensable party to a bill t…

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