Remedies And Remedial Rights : By the Civil Action, According to the Reformed American Procedure : a Treatise Adapted to Use in All the States And Territories Where That System Prevails

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Remedies And Remedial Rights : By the Civil Action, According to the Reformed American Procedure : a Treatise Adapted to Use in All the States And Territories Where That System Prevails
John Norton Pomeroy
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The same provision substan- come into being, are bound by a decree in tially is found in all the statutes ; § 8.
partition made bj a court of equity, Lien -holders need not be made parties in wheo the present owners of a vested the first instance ; § 10 a ; but every in- estate of inheritance in the land have cumbrancer of an undivided share may been made parties. Mead v, Mitchell, 17 be made a defendant ; § 42. Before an N. Y. 210, 214,216; Clemens v. Clemens, order for the sale of the land, a
...ll incum- 87 N. Y. 69. brancers of undivided shares, if not al- ^ Moat of the States have legislated in ready parties, must be brought in by rd^erence to partition, and have modified amendment. Provision is made for con- the original equity doctrine of parties, eluding unknown and contingent interests espedaliy in relation to incumbrancers, and owners. The same rules are enacted bj either permitting or requiring the in the following States : California, Code holders of liens to be joined as defendants of Civ.

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