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. See Harris 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. See Kidd v. Schmidt, 136 S.W.2d 72, 74 (Mo. 1939). In an action to set aside a trustee’s deed following a foreclosure, the trustee is not a necessary party because the trustee does not have a direct relationship to the land. Casper v. Lee, 245 S.W.2d 132, 138 (Mo. banc 1952).

Rule 52.04 provides the basis to determine whether a party is necessary to the litigation and, if the party cannot be joined, whether that party is indispensable. State ex rel. Emcasco Ins. Co. v. Rush, 546 S.W.2d 188, 196 (Mo. App. E.D. 1977). A party must be joined if complete relief cannot be accorded existing...