John Marshall

“ The new pargies plaintiffs are the representatives of Belinda Hinde, an original plaintiff, and the proceedings are revived in their names, by the order of the court, on their bill of revivor. Under such circumstances, the settled practice is, to use all the testimony which might have been used had no abatement occurred. The representatives take the place of those whom they represent, and the suit proceeds in its new form, unaffected by the change of name. The reversal of the original decree cannot annul the written consent of parties for the admission of testimony. ”

“ The connection between the parties may excite suspicion, may justify a more scrutinizing investigation of all the circumstances; but if the result of this investigation be, as we think it is, that the conveyance was in payment of a debt of the most sacred obligation, a debt which a conscientious debtor ought to have paid, it is valid in law. The consideration mentioned in the deed, is $350, and it is not suggested, that the lot was worth more than that sum. This deed could pass only the interest of William Jones. ”

“ The rule that the court will proceed, although persons interested are not parties, if those persons are not within its jurisdiction, has been adopted also by the court of chancery in England. There, as here, the general rule is, that 'all persons materially interested in the subject ought to be parties, in order to prevent a multiplicity of suits, and that there may be a complete decree between all parties having material interests ”

“ When he purchased, Garrison assured him, that he had never sold the lot; and his inquiries among the old settlers, respecting the sale to William and Michael Jones, were answered, by assurances that they knew nothing more than report, that Thomas Doyle had claimed the lot, and that it was sold by the sheriff as his property. Never heard that the plaintiff, T. S. Hinde, had been in possession. In April 1818, on a compromise with Charles Vattier, he conveyed to him all his interest in the lot. ”

“ Even the purchaser of an equity is bound to take notice of any prior equity. Vattier's original purpose, then, cannot avail him, because he was bound to notice the equity of Doyle. But there is, we think, much reason to believe, that he had actual notice of that equity; or, at any rate, was informed of circumstances which ought to have led to such inquiry as would have obtained full notice.
The title of Garrison, under whom Doyle was supposed to claim, is presumed by the law to have been known to Vattier ”

“ He contends, that the suits between citizens of the United States, all the parties on one side must be citizens of the state in which the suit is brought; and that the jurisdiction of the court depends on the state of parties at the institution of the suit. ”

“ The bill further charges, that James Findley, Charles Vattier, Robert Ritchie, William Lytle, George Ely and William Dennison, knowing the title of the plaintiffs, but discovering that the deed from Garrison to William and Michael Jones was lost, have procured a deed from Garrison, to some one of them, and have turned his tenant out of possession. The plaintiffs have commenced an ejectment against the tenants in possession, but are advised, that they cannot support it. They, therefore, pray for a conveyance, for discovery, and for general relief. ”

“ We are next to inquire, how those rights are affected by the title of the appellants. Charles Vattier, the appellant, claims under a sale made in 1802, by the sheriff of Hamilton county, by virtue of an execution issued on a judgment obtained against Thomas Doyle, which he says was levied on lot No. 86. At this sale, he alleges that he was the highest bidder, and, as such, became the purchaser. The sheriff made the deed on the 14th of July 1828. The consideration expressed is $90. The appellees do not admit the fact, that this lot was really sold as the property of Thomas Doyle. ”

“ In their replication, the plaintiffs admit the execution of the deed set forth in the amended answer, but aver, that if the deed was sufficient in law to transfer the estate of the said Belinda in the premises, which they do not admit, it was intended to vest the same in the said Alexander, in trust to reconvey the same to the said Thomas, to be held by him in trust for the use and benefit of the said Belinda and her heirs; and for this purpose, the said Alexander did, on the 5th day of October 1814, reconvey the said lot to the said Thomas. ”

“ This being the title of Thomas Doyle, Jun., we are next to inquire, whether it has descended on Belinda, the plaintiff in the original suit, and his sister on the part of the mother. The plaintiffs make two objections to her title. 1st. That she was not born in lawful wedlock, and was, therefore, incapable of taking lands by descent. 2d. That if legitimate, she could not inherit this from her half-brother; because she is not of the blood of the first purchaser. ”

“ The validity of this objection need not be examined, because the receipt is more than thirty years old, and is not only free from suspicion, but is supported by other testimony. In such a case, the subscribing witness may be dispensed with. ”