United States Supreme Court Cases & Opinions

U.S. Supreme Court

Coiron v. Millaudon, 60 U.S. 113 (1856)

Coiron v. Millaudon

60 U.S. 113

Syllabus

Where a sale of mortgaged property in Louisiana was made under proceedings in insolvency, and the heirs of the insolvent filed a bill to set aside the sale on the ground of irregularity, it was necessary to make the mortgagees parties. They had been paid their share of the purchase money, and had an interest in upholding the sale..

The fact that such persons are beyond the jurisdiction of the court is not a sufficient reason for omitting to make them parties.

Neither the act of Congress nor the 47th rule of this Court enables the circuit court to make a decree in a suit in the absence of a party whose rights must necessarily be affected by such decree, and the objection may be taken at any time upon the hearing or in the appellate court.

The facts are sufficiently stated in the opinion of the Court.

Page 60 U. S. 114