John Archibald Campbell

“ The doctrine of this court is settled, that when the jurisdiction of the circuit court appears, by proper averments, on the record, the defendant can only impugh it in a special plea. The 39th rule of practice for courts of equity in the United States, adopted by this court, excludes 'matters of abatement, objections to the character of parties and to matters of form,' from the answer, and confines its operation to 'matters in bar, or to the merits of the bill.' It is proper to say, that if the fact of citizenship was open to inquiry, the evidence sustains the allegation of the bill. ”

“ The jurisdiction of a court of chancery to grant perpetual injunctions for quieting inheritances, after the right and matter in question has been fairly settled by concurring verdicts, has been long established; and, in addition to this general ground for equitable interference, this case presents a strong claim for the interposition of the court, arising from the settlement between Bascom, as the attorney in fact of the defendant, and the plaintiff. The consideration of that settlement has been enjoyed for many years, by the family of Owings. ”

“ The plaintiff filed his bill in the circuit court of the United States for Kentucky, against Thomas Deye Owings, by which he assumes to be the owner, and in the lawful possession, of a number of tracts of land, lying in different counties of that State, which had at one time been the property of the defendant, but of which he had been legally divested, and notwithstanding claims, by the instigation and advice of other persons, to the prejudice and vexation of the plaintiff. The object of the bill is to establish the title and to quiet the possession of the plaintiff. ”