In a suit by by plaintiffs for a declaration that the suit way is a public path belonging to the state and to restrain the defendents from causing obstructions in the path against the right of way of plaintiffs.The defendents contend that the land in question is a private property of the defendents , in the circumstances whether or not the state is a necessary party to the suit ? The state does not obstruct the path.A well considered opinion supported by authorities from worthy experts is solicited. Thanks.