
    
      Stucker vs. Stucker.
    
    Chancery. Case 88,
    January 18.
    Error to the Scott Circuit; Thomas M. Hickey, Judge.
    
      Mortgage. Foreclosure. Parties. Writ of error.
    
    Mortgage executed by two bath should be para's to bill for foreclosure . Ii'dePt, not made party' 
      to suit, by service of subpoena or appearance, prosecute writ of error, he thereby makes himself party to suit.
   Chief Justice Robertson

delivered the opinion of the Court.

This was a bill in chancefy, filed by James Stucker, against Valentine Stucker, to foreclose a mortgage executed by the latter, and by Jacob Dehaven.

The bill having been taken for confessed, the court decreed a sale of the mortgaged property.

U. B. Chambers, for plaintiff.

This, decree is erroneous for two reasons:

1st. Dehaven was a necessary party; and the bill did not pray that he should be made a party; it was. filed against V. Stucker alone.

2d. It does not appear that Y. Stucker was ever ■made a party, by appearance, or by the service of process.

Wherefore, the decree is reversed, and’ the cause remanded for such further proceedings as shall be ' proper, and consistent with this opinion.

Y. Stucker having made himself a party, by the prosecution of this writ of error, it will not be neces.* sary to issue a subpana against him.  