Section 8 Necessary Parties

• Library: Remedies 2006

Before a court can cancel or rescind a written instrument, it must have before it all the parties that will be directly affected by the application of the remedy. For example, in the context of real estate, grantors who have conveyed away their interest in a parcel would not be necessary parties in an action to reform the deed. SeeHarris v. Nichols, 714 S.W.2d 540, 543 (Mo. App. W.D. 1986). But when the action is one seeking to set aside the deed, the grantor is a necessary party. SeeKidd v. Schmidt, 136...