Hugo Black

“ The District Court decreed that a mandatory injunction issue compelling the 'County clerks and County collectors to perform their duties in the collection of the drainage taxes upon the lands in suit'; that there be extended taxes 'of six and one-half per cent of the benefits assessed against each tract of land * * * until the whole of the decree has been satisfied'; that the 'Commissioners * * * be required to institute suits for the collection of all delinquent taxes of said District, and to prosecute the same forthwith to a conclusion, * * *' ”

“ Determination of these liabilities was properly left for the State court. A decreed total liability for the District was still consistent with the principle that 'when the proportion (taxable against a particular tract) is ascertained and paid, it is no longer or further liable. It is discharged. The residue of the tax is to be obtained from other sources.' [15]
These landowners were neither served with process nor heard in either the certificate holders' suit against the District or the mandatory injunction proceeding. No relief against them as individuals was either sought or adjudged. ”

“ And here the Supreme Court of Arkansas has sustained as personal defenses the decrees of payment and discharge obtained by individual landowners in Arkansas courts of competent jurisdiction. Accordingly, petitioners misconstrue entirely the decree of the District Court in arguing that unless its injunction is carried out without any reference to the prior State court decrees, injunctions by a State court will be permitted to obstruct the execution of a federal court's judgment. ”