after stating the facts as above. It is prescribed in the code of civil procedure that any person may be made a party defendant who has or claims an interest in the controversy adverse to the plaintiff, or who is a necessary party to a complete determination or settlement of the questions involved therein; and of the parties to actions, those who are united in interest must be joined as plaintiffs or defendants. O. C. E., §§ 61,- 62. This is substantially the same as the rule in equity. In equity the nature or kind of interest,..which makes it necessary that a person should be a party, is such an interest as may be affected by *277the proposed decree, ©r a liability to exonerate the defendant, or contribute with him to ^ihe plaintiff’s demand. Adams Eq., 312,314.
In this case the plaintiffs allege that the storehouse and lot were conveyed by W. H. Hughes to D. E. Young and I. J. Young by a deed absolute on its face, but in fact, on the trust to indemnify and save harmless the said D. E. Young as surety to his debt to Robert Gill and to the debt due to Eight, and to indemnify and save harmless both D. E. Young and L J. Young as sureties for him on a debt to the bank of Cape Fear; and they seek to have the trust declared, and a sale and the application of the proceeds rata-bly on their debts, first giving a-credit for the two parcels of land conveyed to them respectively under the orders of the court; and in the case of the debt of W. H. and T. C. Hughes to Robert Gill, giving a further credit for the seven hundred dollars received by D. E. Young from Alley’s estate, if the court shall decree it to be paid to Robert Gill’s administrator.
Now in view of these purposes and objects of the action it seems to us that the estate of Alley had an interest making it necessary that the administrator should be joined as a party.
1. If the plaintiffs shall be able to have the relief they ask, about which we do not express any opinion, then and in that case the estate of Alley will be interested to have the tract of land conveyed to Robert Gill at the time the notes were surrendered, applied wholly to the Hughes’ debt to which Young was surety; and if not, then ratably to that and to Young’s individual debt, so as to make the burden to be borne by the proceeds of the storehouse and lot as small as possible; and in reference to Eight, there will be a similar interest to have a proper application of the land conveyed to him, with a view in both these respects to the exoneration of the estate of Alley.
*2782. If by reason of the alleged fraud and concealment of D. E. Young, the property is all sold and applied and there should be a balance still due and unpaid of the Hughes debt, to which Alley was a co-surety, and the administrator should ask a judgment for such balance, as being a relief within the facts alleged in his complaint, although not specially prayed for, then it would be of interest to the estate of Alley to be represented both as to the rendition of the judgment and the amount thereof.
3. If on the final decree the seven hundred dollars paid to D. E. Young or some part thereof should not be needed in order to equalize the burden between the co-sureties, Alley’s estate should be represented to receive it, or if needed, and still there.existed an unpaid balance of the debt, the estate being liable to contribute to its payment with D.E. Young, it should be a party for that purpose.
We hold therefore that the personal representative of A. H. Alley was a necessary party to a complete determination and settlement of the question involved in the action, and that the demurrer for his non joinder ought to have been sustained.
The judgment of the court below overruling the demurrer is reversed, and this will be certified to the end that the administrator of Alley be made a party to the cause, and that the parties may file answers and proceed to a trial on the merits of the case.
Error. Reversed.