Oliver Wendell Holmes, Jr.

“ It is enough that there was some evidence to support the free findings of the jury, and, that being so, those findings establish the facts, as was held by the court of appeals.
On the findings which we have recited, the land in dispute was not property used for and pertaining to the operation of said railroad, and the ruling of the court of appeals was right. Some point is made of the disclaimer, which is said to have been arbitrary in amount, and not based on evidence. But a party may disclaim what he likes, in advance of the evidence, and is not bound to give reasons for his course. ”

“ The receiver was in possession of the road, and his right to the portion of the land over which the railroad ran is not disputed, but it does not appear that he held the residue under an adverse claim, or at all. Although declaring his right to the residue to be paramount to a third person, the court left all others free to assert their claims. There is nothing to show that the mode in which the trustees for Downs asserted their rights was unlawful or void. ”

“ It is argued that although the trustees for Downs were not parties to this bill, they in some way were affected by the decree, that the proceeding was in rem, and that the decree brought the property into the custody of the court so as to invalidate the sale. Wiswall v. Sampson, 14 How. 52, 14 L. ed. 322. But a suit in equity is not a proceeding in rem, properly so called. It does not purport to summon or invite, by notice or otherwise, all the world to come in, so far as there are any adverse interests. ”