by John Marshall Harlan

“ Without further references to adjudged cases, we are of opinion that the general allegation or claim, in different forms, that the decree of the Butler county circuit court was passed against some persons who were at the time dead, and against others who were necessary parties, but who had no notice of the proceedings, does not, within the meaning of section 709 of the Revised Statutes, specially set up a right or immunity under the fourteenth amendment of the constitution of the United States, forbidding a state to deprive any person of his property without due process of law. ”

“ It was further alleged that in the year 1863 a number of judgments were obtained in the circuit courts of Mississippi county, Mo., against the railroad company, and part of the lands in controversy were sold under execution; various persons becoming the purchasers and receiving conveyances. The petition sets out various sales of lands embraced in the above deed of trust, and makes defendants numerous parties who were in possession claiming title, including the St. ”