MCBURNEY V. CARSON, 99 U. S. 567 (1878)

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U.S. Supreme Court

McBurney v. Carson, 99 U.S. 567 (1878)

McBurney v. Carson

99 U.S. 567


1. Where a suit in equity, to enforce a lien on property within the district, was pending at the time of the passage of the Act of June 1, 1872, 17 Stat. 196, and a party who was not an inhabitant of, or found within, the district was thereafter, by an amended bill, made a defendant, held that the court could acquire jurisdiction in the mode prescribed by the thirteenth section of that act.

2. The objection that the defendants to an amended bill were all necessary parties to a supplemental bill filed in the same cause cannot be made for the first time in this Court.

3. A., seised of lands situate in South Carolina, died in 1858. By his last will and testament, he appointed B. his executor, with power to sell them and hold the proceeds in trust for his widow and two minor children, the interest on one-third of said proceeds to be paid to the widow and that on the other two-thirds to be applied to the education and support of the children until they should attain the age of twenty-one years, when the principal was to be paid to them. B. sold the lands to C. in 1857 for $50,000, receiving therefor $15,000 in cash and the latter's bonds for the deferred payments, secured by a mortgage on the lands, which was duly recorded. In 1861, the widow removed to New York, where she has since resided. In 1803, C. sold the lands to D. for $100,000 in Confederate treasury notes. In that currency, C. paid his bonds to B., who surrendered them, entered the mortgage as satisfied, and invested the currency in Confederate bonds. The children having in 1806 come of age and assigned their interest in the estate to their mother, she, on the ground that the surrender of C.'s bonds and the cancellation of the mortgage were procured by fraud, brought her bill praying that the bonds of C. be decreed to be subsisting securities, and the mortgage a valid lien on the lands. The court below decreed accordingly. Held that the decree was proper.

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