Robinson

Among the matters of defense the answer avers that after the purchase by the defendant from the plaintiff of the land in controversy, and prior to the commencement of the action, he, the defendant, sold portions of the land to Taylor, McCracken, Cummins, Lansour, and McDonald, ten acres to each, and the purchasers entered into possession, erected houses, and made other improvements on the land, and they or their assigns were at the commencement of the action, and still are, in the open and notorious possession thereof, of which the plaintiff had notice. The answer raises the point that these persons were necessary parties *39 to the action, without whose presence a complete determination of the controversy cannot he had. At the trial it was admitted that all the averments of the answer in this particular were true, with the additional fact that the contracts of sale from the defendant to Taylor and others were not of record at the time of the commencement of the action, and that the plaintiff had no actual notice thereof; but that North am and Martin, two of the beneficiaries of the trust, had such notice. It is contended, on behalf of the plaintiff, that it was unnecessary to…