Page:United States Statutes at Large Volume 47 Part 1.djvu/946

 922 72d C ONGRESS. SESS. IL CH. 127. FEBRUARY 27, 1933 . Actions to determine SEC . 102 . PARTIES DEFENDANT IN AN ACTION TO DETERMINE CON- con fli ctin g claims to real property. FLICTING CLAIMS TO REAL PROPERTY.-In an action brought by a person out of possession of real property, to determine an adverse claim of an interest or estate therein, the person making such adverse claim and persons in possession may be joined as defendants, and if the judgment be for the plaintiff, he may have a writ for the possession of the premises, as against the defendants in the act ion, agai nst whom the judgment has p ass ed. When parties in in. SEC. 103. PARTIES IN INTEREST, WHEN TO BE JOINED ; WHEN ONE OR terest joined . MO RE MAY SUE OR DE FEND FOR THE WHOLE :Of the parties to the action, those who are united in interest must be joined as plaintiffs or defendants ; but if the consent of any one who should have been joined as plaintiff can not be obtained, he may be made a defendant, the reason thereof being stated in the complaint ; and when the ques- When one or more tion is one of a common or general interest, of many persons, or when may sue or defend for the parties are numerous, and it is impracticable to bring them all the whole. before the court, one or more may sue or defend for the benefit of all. Suits on comme rcial SEC. 104. PLAINTir'f MAY SUE IN ONE ACTION THE DIFFERENT PARTIES paper, etc . TO COMMERCIAL PAPER OR INSURANCE POLIC IES .-P erso ns severally liable upon the same obligation or instrument, including the parties to bills of exchange and promissory notes, and sureties on the same or separate instruments, may all or any of them be included in the same action, at-the option of the plaintiff ; and all or any of them join as plaintiffs in the same action, concerning or affecting the obli- gation or in strume nt upon whi ch th ey ar e severa lly liable. Wh ere the same person is insured by two or more insurers separately in respect to the same subject and interest, such person, or the payee under the policies, or the assignee of the cause of action, or other successor in interest of such assured or payee, may join all or any of such insurers in a single action for the recovery of a loss under the several policies, and in case of judgment a several judgment must be rendered against each of such insurers according as his liability shall appear. By tenants in com. EC. 105 . TENAN TS IN COMMON, AND SO FORTH, MAY SEVER IN Mon. etc . BRINGING OR Dr r'ENDING ACTIONS.-All persons holding as tenants in common, joint tenants, or coparceners, or any number less than all, may joint ly or sev erally comme nce o r def end any civil action or pro- ceeding for the enforcement or protection of the rights of such party. Action, when not SEC. 106 . ACTION, WHEN NOT TO ABATE BY DEATH, MARRIAGE, OR abated . OTHER DISABILITY ; PROCEEDINGS IN SUCH CASE.-An action or proceed- ing does not abate by the death, or any disability of a party, or by the transfer of any interest therein, if the cause of action survive or continu e. In case of the death .or any disability o f a pa rty, t he court, on motion, may allow the action or proceeding to be continued by or aga inst his represent ative or suc ces sor in in tere st. In case of any other transfer of interest, the action or proceeding may be con- tinued 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 ac tion or proc eeding. Substit ution of de- SEC. 107. ANOTHER PERSON MAY BE SUBSTITUTED FOR THE D&& ENDANT ; fondant ; conflicting claims, how mad e. CONFLICTING CLAIMS, HOW MADE.-A defendant, against whom an action is pending upon a contract, or for specific personal property, may, at any time before answer, upon affidavit that a person not a party to the action makes against him, and without any collusion with him, a demand upon such contract, or for such property, upon notice to such person and the adverse party apply to the court for an order to substi tute such person in his pace, and discharge him from liability to either party, on his depositing in court the amount claimed on the contract, or delivering the property or its value to