Chief Justice Marshall:
It is usually objected that a few of the Defendants in error don’t present an entire authorized title below Terrell and Hawkins, for which motive they haven’t entitled themselves to a conveyance from Charles Simms; and that one among them, John Meiggs, has obtained a decree for 140 acres of land, though within the invoice he claimed solely 100 acres.
Often the Claimants who’ve solely an equitable title must make these whose title they assert, in addition to the particular person from whom they declare a conveyance, events to the go well with. For omitting to take action an authentic invoice is perhaps dismissed. However this can be a invoice to enjoin a judgment at legislation rendered for the Defendant in fairness in opposition to the Plaintiffs. The invoice should be introduced within the Courtroom of the US, the judgment having been rendered in that Courtroom. Its restricted jurisdiction may probably create some doubts of the propriety of creating residents of the identical state with the Plaintiff, events Defendants. In such a case, the Courtroom could dispense with events who would in any other case be required, and decree as between these earlier than the Courtroom, since its decree can not have an effect on those that should not events to the go well with.
Simms v. Guthrie, 13 U.S. 19, 24–25 (1815) (emphasis added).
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