
    No. 2604.
    McDaniel v. Austin.
    November Term, 1889.
    Plaintiff brought action to foreclose two mortgages, alleging that the first was given to secure a note of defendant to plaintiff, and the second to secure plaintiff and two others as sureties on a note of defendant to C. M. Furman, both of which notes were past due and unpaid, and that plaintiff’s co-sureties had released to him their interest in the second mortgage. Defendant demurred to the complaint upon the ground that O. M. Furman and the co-sureties were necessary parties. The Circuit Judge (Hudson) overruled the demurrer, and, without motion to that effect, ordered Furman to be made a party. On appeal, this judgment was affirmed. In concurring, Mr. Justice McIver said : “I only desire to add that while C. M. Furman was not a necessary party, still he was a proper party ; and hence I see no error in overruling the demurrer for defect of parties, and then requiring a proper party to be brought in. Austin and Hovey & Townes, having transferred their interests in the mortgage to plaintiff, were not necessary parties.”
    April 7, 1890.
    
      A. Blythe, for appellant.
    
      Furman Sf Furman, contra.
   Opinion by

Mr. Justice McGowan  