Stanley Matthews

“ It is said, however, by the appellants, that the decree rendered in the suit in which Cram was a complainant was collusive and fraudulent, because it appears upon the face of the record that the Winifrede Mining & Manufacturing Company appeared without process, and answered, but not under its corporate seal, by the same counsel who represented Cram. This, however, is not proof of fraud, but only of a consent to do what it appears to have been perfectly proper to do; that is, to make good an imperfect conveyance. ”

“ Without the assent of congress, that jurisdiction cannot be impaired or diminished by the statutes of the several states regulating the practice of their own courts. Bills quia timet, such as the present, belong to the ancient jurisdiction in equity, and no change in state legislation giving, in like cases, a remedy by action at law, can of itself curtail the jurisdiction in equity of the courts of the United States. ”

“ By an amendment the Winifrede Mining & Manufacturing Company was made a party to the bill; and in a second amendment it was alleged that, at the sale made under the decree in the Bank of Virginia Case, the railroad track and road-bed leading from the Kanawha river to the ten thousand acre tract, some five miles long, more or less, was sold, and should have been conveyed by the commissioner in his deed, to the complainant, but by mistake was left out, and not embraced in the conveyance. ”