John Marshall

“ The heirs of Thomas Boon may certainly come into a court of equity, and ask its decree to compel William Chiles to surrender this contract, if it has indeed become a nullity, or to enjoin him perpetually from the use of it, or to convey any legal title he may have acquired under colour of it, to those who possess the real equitable right. Should the court be unable to decree against Hay's heirs, it may decree as between Boon's heirs and William Chiles, so far as respects the title of Chiles under Boon; if the bill be so framed as to enable the court to grant that relief. ”

“ George Boon's heirs are not necessarily defendants. They can have no interest in the contest, nor is any decree asked against them. If they are made defendants, and the answer admits that they are heirs, as is admitted by the defendant who has answered, no farther proof can be required. If they do not answer, and the process is executed, so that the bill is taken for confessed, no farther proof is necessary. If the process be not executed, they are not before the court. ”

“ That the want of proof that the persons made defendants in the amended bill as the heirs of George Boon, were in fact his heirs, is no obstruction to a decree on the merits of the cause; all of which is hereby ordered and adjudged to be certified to the said circuit court under the seal of this court. ”