Supreme Court of North Carolina June 5, 1874 (Pullen v. Heron Mining Co.)

RodMAN, J.

1. We are unable to see how the heirs of Richard Smith are necessary parties. The title to the Company begins with the deed from Penelope and Mary Smith.

2. Wiseman is not a necessary party. Inasmuch as all the parties acquired their present estates during the pendency of the action for partition between the Company and him, they are all concluded by the decree in that suit.

3.