As a general rule the only necessary parties to an action for specific performance are the parties to the original contract and their assignees.1

1. Russell v. Nester, 46 Mich. 291;

Story Equity Pleading, Sec. 177.

Where the vendee brings an action for specific performance of a land contract, and the vendor has made a conveyance of the land to other parties, such grantees should be made parties to the bill in accordance with the general rule.2

If the vendor should become deceased after the execution of the land contract all his heirs, executors or administrators should be made parties defendant. In case the vendor has died subsequent to the execution of the contract, resort may be also had directly to the Probate court instead of to a court in chancery. A recent statute 3 authorizes the Probate court to make a decree directing the executor or administrator of such deceased person's estate to convey such real estate to the person entitled thereto in all cases where if such deceased person were living, he might be compelled to execute such conveyance.

In a bill of complaint by vendee against the vendor of land attaching creditors of the vendor and other lienors are proper although not necessary parties.4

An attachment or execution creditor is a proper party to bill to enforce the specific performance of a land contract, if taking his claims at their face value he stands in the place of the vendor.5

2. Daily v. Litchfield, 10 Mich. 29; Morris v. Hoyt, 11 Mich. 9; Bremer v. Dodge, 28 Mich. 359; Lambert v. Weber, 83 Mich. 395.

3. Story Eq. PL, Sec. 160; Morgan v. Morgan, 2 Wheat. 297; Robert v. Merchant, 1 Hare 547; Cummins & Beecher Judicature Act, Sec. 2160.

4. "When any person who is bound by a contract in writing to convey any real estate shall die before making the conveyance, the probate court may make a decree authorizing and directing the executor or administrator to convey such real estate to the person entitled thereto, in all cases where such deceased person, if living, might be compelled to execute such conveyance."

"At the time and place appointed for such hearing, or at such other time as the same may be adjourned to, upon proof by affidavit of the publication of the notice, the personal service thereof or waiver of such notice of hearnig, the court shall proceed to a hearing, and all persons interested in the estate may appear before the probate court and defend against such petition; and the court may examine on oath the petitioner and all others who may be produced before him for that purpose."

Cummins & Beecher Judicature Act, Sec. 2160 and 2162.

5. Horton v. Hubbard, 83 Mich. 123.

Where a landowner agrees in writing to sell a parcel of land to a person who is described in the contract as "trustee," no trust being otherwise expressed in the instrument, a bill by the trustees and his cestui que trust against the landowner for specific performance, in which the trust is fully declared, and a conveyance to the cestui que trust prayed, is not objectionable as an attempt to enforce the execution of a parol trust.6

It is provided by statute that all persons who claim any interest in the subject matter of an equitable action adverse to the plaintiff may be joined as parties defendant and that all persons having a united interest must be joined on the same side as the plaintiff or the defendant, but when any person refuses to join as a party plaintiff, he may by reason of such refusal be made a party defendant under this statute. The question as to whether or not an individual should be joined as a party defendant should be tested by his interest in the subject matter of the litigation, or the relief granted, and if the attitude of the person in question is unknown and his relation to the subject matter is such that plaintiff has reason to believe he may have an interest either in the subject matter or in the relief granted, the safer practice is to join him as a party defendant.7

It is well settled that specific performance of a land contract may be invoked by either the vendor or the vendee,8 and the wife of neither need be joined as defendant, nor are they in fact proper parties to such action in cases where they have not signed the land contract sought to be enforced.9

6. Bridgeman v. Mclntyre, 150 Mich. 78; Ferres v. Snow, 124 Mich. 569.

7. Compiled Laws 12361. In all equitable actions, all persons having an interest in the subject of the action and in obtaining the relief demanded, may join as plaintiffs, and any person may be made a defendant who has or claims an interest adverse to the plaintiff, any one refuses to join, he may made a party if his presence is necessary or proper to a complete determination of the cause. Persons having a united interest must be joined on the same side as plaintiffs or defendants, but when any one refuses to join, he may for such reason be made a defendant.

8. See section 104 ante.

9. See section ante. Solomon v. Shewitz, 185 Mich. 620; Phillips v. Stanich, 20 Mich. 369; Bucholz v. Walker, 19 Mich. 244.

If a husband enters into a land contract without the knowledge of his wife and she afterwards conveys the land with him to a third party, she is not a proper party defendant in an action for specific performance by the original vendee,10 but if she had knowledge of the outstanding contract executed by her husband then she would be a proper party to the action.11 It, of course, follows that if the vendor has conveyed the property to a third person he cannot maintain an action for specific performance of the contract.12