De Peralta v. Simon
PAULA SEPULPEDA DE PERALTA v. CLAUDE SIMON, and others
- Area
- civil
- Panel
- Solomon Heydenfeldt (author)
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion — Heydenfeldt
Heydenfeldt, J., delivered the opinion of the Court.
Murray, C. J., and Bryan, J., concurred.
The complainant states in her bill, that she joined her husband in a conveyance to Eugene G. de Gaston, and in another, by way of mortgage, to the defendants, Yates and Mathews.
There was then no reason for making these persons parties to the suit. Their presence was unnecessary to determine any of the rights which the complainant sought. Her object was to remove the cloud upon her property, created by her husband’s deed to Simon; and the latter, therefore, and those claiming under him. were alone necessary for the complete adjudication of the questions raised by the allegations of the bill.
The demurrer was properly sustained for au improper joinder of parties, and the judgment is affirmed.