Stricker v. Codifer

76 So. 346, 115 Miss. 305

Opinion

Per Curiam;.

This cause was affirmed without an opinion, and it mow appears that the lines of the appellants, if extended in a straight line to the river, would cross Buffalo river, a small stream, and. that the parties ■claiming the land beyond Buffalo river and between said stream and the Mississippi river were not parties to the •suit, and their rights could not be adjudicated in their -absence. The decree should be modified, so as to dismiss the bill without prejudice of the appellants to file a new or amended bill, making said parties not before dhe court on this appeal parties defendant to the bill. 'The former judgment will be modified to the extent of •dismissing the bill without prejudice to the right of the .appellants to file a new bill, bringing -in all necessary parties.

So ordered.