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EDMONDSON v. HENDERSON

No. 234.

99 S.E.2d 869 (1957)

246 N.C. 634

Charlie EDMONDSON and wife, Alice Edmondson; Herman Edmondson and wife, Etta Edmondson; George T. Edmondson and wife, Francis Edmondson; Johnny Edmondson and wife, Bertha Lynn Edmondson; Catherine Dail and husband, Larry E. Dail; Viola Brady and husband, John Allen Brady; Charlie Edmondson, Jr., and wife, Frances Edmondson; Benjamin Harrell (unmarried); Harvey Harrell and wife, Gertrude Harrell; Paul Clarence Edmondson and wife, Myrtle Edmondson; Milton Lee Edmondson, minor, by his Next Friend, Viola Brady; Lillie May Harrell, minor, by her Next Friend, Harvey Harrell; Becton Harrell and wife, Bettie Harrell; Hattie Butler and husband, Bill Butler, v. C. H. HENDERSON and wife, Gertrude M. Henderson; Tom Edmondson and wife, Allie Edmondson (and C. H. Henderson, Jr., additional party defendant).

Supreme Court of North Carolina.

September 25, 1957.

Attorney(s) appearing for the Case

Peel & Peel, Williamston, and H. D. Hardison, Tarboro, for plaintiffs, appellants and appellees.

Henry C. Bourne, Tarboro, for defendant C. H. Henderson, appellant, and defendants, appellees.

JOHNSON, Justice.

We are confronted at the outset with the question whether T. O. Manning is a necessary party to the action.

In Gaither Corp. v. Skinner, 238 N.C. 254, 256, 77 S.E.2d 659, 661, the Court said, quoting from McIntosh, North Carolina Practice and Procedure, Sec. 209, p. 184: "`Necessary or indispensable parties are those whose interests are such that no decree can be rendered...

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