Brooks

Bryan, J., concurred.

Hager, the original defendant in this suit, filed his answer in the Court below, in the nature of a disclaimer, denying that he had any interest in the property in controversy, and alleging that he had sold the same to Lent.

Lent sought to intervene and defend, which was refused by the Court, from which order this appeal is now brought.

The simple question presented for consideration, is the right of a third person under our statute to be made a party, where he is directly interested in the subject matter in litigation. The rule as it existed upon this subject, both at law and in chancery, has been altered by the Practice Act of this State, by the sixteenth and seventeenth sections of tvhick it is provided, that in case of the transfer of any interest in the action during the pendency, the suit may be continued in the name of the original party, or the Court may allow the person to whom the transfer is made, to be substituted in the action. Again, it is provided that the Court shall order parties to be brought in, if there cannot be a complete determination of the action, without prejudice to their interests. By the seventy-second section of the Act…