Manufacturers N. Gas Co. v. Douglass
Manufacturers N. Gas Co. v. Douglass
Opinion of the Court
Opinion,
The learned master and court below gave too wide a scope to the proviso of the act of May 25, 1878, P. L. 149, in holding that the word “ already ” referred to the time of the filing of the bill. The act was intended to provide a remedy for cases of formal defects in certificates of acknowledgment of deeds,
Under the second section of the act the remedy to any j>arty in interest is by bill in equity. The provision is brief and general, and we see no reason why it should not be held to carry with it the usual attributes of equitable remedies, among the most important of which is that the court shall have before it and determine the rights of all parties in interest. Any other construction might result in the establishment of a valid certificate for one party, and an adverse verdict on the same certificate in the same hands, when challenged by a different claimant. Such a result would be a reproach to the- law. The learned court was therefore right in holding that McCarrell, the present claimant under the second lease from the Douglasses, was a proper party to the bill. But we think the
Decree reversed, and bill reinstated, with directions to allow complainants to amend by the addition of any other parties in interest, and for further proceedings in accordance with law; the costs of this appeal to be paid by the appellees.
Reference
- Full Case Name
- MANUFACTURERS N. GAS CO. v. M. V. DOUGLASS
- Cited By
- 1 case
- Status
- Published
- Syllabus
- [To be rejjorted.] 1. The proviso to the act of May 25, 1878, P. L. 149, authorizing’the reformation of certificates of acknowledgment of deeds, etc., excludes from the operation of the act only cases in which actions to recover the real estate were commenced before the date of the passage of the act. 2. The remedy by bill in equity, given by the act, carries with it the usual attributes of equitable remedies, including the rule that the court shall have before it and determine the rights of all the parties interested in the subject matter of the litigation. 3. Where a party interested adversely to the plaintiff in the hill is not made a party defendant, hut has appeared as the attorney for the defendant throughout the proceedings, the court, upon adjudging him a necessary party, should permit him to he added as a defendant.