From Franklin.
Where a Plaintiff seeks to enforbe an Equity against Law, he can have . no relief unless the person who has the legal title be a party to the suit.
The Plaintiff alleged that a tract of land, hold in common by a number of persons, was, under an order of the Court of Equity for the county of Franklin, sold by the Clerk and Master, for the purpose of dividing the proceeds among the tenants, instead of making a partition thereof — That at the sale, he, and the Defendant, Jeffreys, purchased it, and executed their joint bonds to secure the purchase money — that the sale was, upon the report of the Master, confirmed ; but that no deed had ever been executed to either the Plaintiff or Defendant, Jeffreys — that Jeffreys had become insolvent, and that the Plaintiff had been forced to pay the whole amount of the purchase money. The Plaintiff then charged, that the Defendant, Boylan, had purchased of the Defendant, Jeffreys, with notice of the Plaintiff’s Equity, and he sought to subject the land in the hands of the Defendant* Boylan, to the payment of one half the purchase money.
Sewwell, Badger & W. II. Maywood, for the Plaintiff.
Cafneron, for the Defendant.
— Upon looking into the hill in this case, it appears, that the petitioners who filed the petition ira the County Court of Franklin, for the sale of the land in question, and in whom the title to the land is stated to be, and the Clerk and Master who sold the said land, are not made party Defendants to the bill. So that the Court, in case the allegations in the bill were fully proved, could not make á final decree in the case for want of parties.
— Let the bill be dismissed with costs-