
    
      Shockley vs. Niess’s Heirs, &c.
    
    'Chancery. 'Case 25.
    December 28.
    Error to the Franklin Circuit; Henk-y Davidge, Judge.'
    
      Assignment of; error. Parties. Decree.
    
    ■Bill dismissed absolutely, ihstead of ■ without prejudice, for want of necessary'party, ■ '¡must be assigned as error or decree will not be reversed, on that ground.'
   Judge IIobkrtsoh

delivered the opinion of the Court.

William S. Bla'ir was a necessary party in this case. The record does not show that he was ever made a defendant.

It would-,therefore, have been right to dismiss the bill without prejudice, if the complainant had equity.

But his equity, if he showed any, was very questionable, and was of such a character as not to be entitled to the favor of the chancellor.

Moreover, the plaintiff has not complained that the bill was dismissed absolutely, instead <£>f being dismissed Without prejudice.

Denny, for plaintiff; Mills and Brown, for defendant.

He has assigned no error which can embrace this point.

Wherefore) the decree is affirmed.  