DEFENDANTS. In general, all persons in terested in the subject-matter of a suit who cannot be made plaintiffs should be made defendants., They may claim under differ ent • rights if they possess an interest cen tering in the point in issue; Fellows v. Fel lows, 4 Cow. (N. Y.) 682, 15 Am. Dec. 412. in order to obtain the rescission of a con tract of sale, all of the parties` interested in the property involved must be brought before the court ; Constant v. Lehman, 52 Kan. 227, 34 Pac. 745.
Bills for discovery need not contain all the parties interested as defendants; Tres cot v. Smyth, 1 McCord, Ch. (S. C.) 301; and a person may be joined merely as de fendant in such bill ; Bank of Mobile v. Huggins, 3 Ala. 214. A person should not be joined as a party to such bill who may be called as a witness on trial; Yates v. Monroe, 13 Ill. 212.
Assignor and assignee. An assignor who retains even the slightest interest in the subject-matter must be made a party; Bruen v. Crane, 2 N. J. Eq. 347; Ward v. Van Bokkelen, 2 Paige (N. Y.) 289; Montague v. Lobdell, 11 Cush. (Mass.) 111; as a covenan tee in a suit by a remote assignee ; Wickliffe v. Clay, 1 Dana (Ky.) 585 ; or an assignee in insolvency, who must be made a party ; Movan v. Hays, 1 Johns. Ch. (N. Y.) 339; or the original plaintiff in a creditor's bill by the assignee of a judgment ; Cooper V. Gunn, 4 B. Monr. (Ky.) 594.
A fraudulent assignee need not be joined in a bill by a creditor to obtain satisfaction out Of a fund so transferred; Edmeston v. Lyde, 1 Paige (N. Y.) 637, 19 Am. Dec. 454. The assignee of a judgment must• be a party in a suit to stay proceedings ; Mumford v. Sprague, 11 Paige (N. Y.) 438.
Corporations and associations. A corpora tion charged with a duty should be joined with the trustees it has appointed, in a suit for a breach ; Tibballs v. Bidwell, Gray (Mass.) 399; Lawyer v. Cipperly, 7 Paige (N. Y.) 281. Where the legal title is in part of the members of an association, no others need be joined ; Martin v. Dryden, 1 Gilm. (Ill.) 187. The directors of a corporation may be included as parties defendant in a bill against the corporation for infringement of a trade-mark ; Armstrong v. Soap Works, 53 Fed. 124. But see INFRINGEMENT. When
discovery is sought, the officer from whom the information is to be obtained should be made a •co-defendant with the corporation; Virginia & A. Min. & Mfg. Co. v. Hale & Co., 93 Ala. 542, 9 South. 256.
Officers and agents may be made parties merely for discovery; Many v. Iron Co., 9 Paige (N. Y.) 188.
Creditors who have repudiated an assign ment and pursued their remedy at law are properly made parties to a bill brought by the others against the trustee for an ac count and the enforcement of the trust; Geisse v. Beall, 3 Wis. 367. So, when judg ments are 'impeached and sought to be set aside for fraud, the plaintiffs' therein are in dispensable parties to the bill ; May v. Bar nard, 20 Ala. 200.1 To a bill brought against an assignee by a creditor claiming the final balance, the preferred creditors need not be made parties; Page v. Olcott, 28 Vt. 465. See, also, Secombe v. Steele, 20 How. (U. S.) 94, 15 L. Ed. 833 ; Stevenson v. Austin, 3 Mete. (Mass.) 474; Smith v. Wyckoff, 11 Paige (N. Y.) 49.
Debtors must in some cases be joined with the executor in a suit by a creditor ; though not ordinarily ; Story, Eq. Pl. § 227; Long v. Majestre, 1 Johns. Ch. (N. Y.) 305. Where there are several debtors, all must be joined; Trescot v. Smyth, 1 McCord, Ch. (S. C.) 301; unless utterly irresponsible ; Williams v. Hubbard, 1 Mich. 446. Judgment debtors must some cases be joined in suits be tween the creditor and assignees or mort gagees; Scudder v. Voorhis, 5 Sandf. (N. Y.) 271. In an action by judgment creditors for the appointment of a. receiver, to take charge of property belonging to their debtor, the payees of unpaid purchase-money notes given for such property are necessary par ties; Wheeler v. Biggs (Miss.) 12 South. 596. Executors and administrators should be made parties to a bill to dissolve a partner ship; Burchard v. Boyce, 21 Ga. 6 ; to a bill against heirs to discover assets; Harrow v. Farrow's Heirs, 7 B. Monr. (Ky.) 127, 45 Am. Dec. 60; to a bill by creditors to subject lands fraudulently conveyed by the testator, their debtor, to the satisfaction of their debt ; Coates v. Day, 9 Mo. 304. See, also, Drum mond v. Hardaway, 21 Ga. 433; Mayo v. Tomkies, 6 Munf. (Va.) 520.