
    Marshall Brago & Wife v. Wm. S. Smith.
    Pleadings — Petition—Parties to an Action Respecting Title.
    Where a petition charges a fraudulent transfer of lands to A, held, that A must be made a party to the suit.
    APPEAL FROM METCALFE CIRCUIT COURT.
    October 14, 1870.
    
      James, for appellant.
    
    
      Dohoney, for appellee.
    
   Opinion of the Court bv

Judge Robertson:

As the petition charged that the legal title had been fraudulently conveyed to Mrs. Bragg, she was a necessary party to the suit for setting it aside. She does not appear to have been made •a party, and the decree therefore vacating her deed and subjecting the land cannot affect her title.

Wherefore the judgment is reversed, and the cause remanded for further proceedings.  