MARSHALL V. BEVERLY, 18 U. S. 313 (1820)

18 U. S. 313

U.S. Supreme Court

Marshall v. Beverly, 18 U.S. 5 Wheat. 313 313 (1820)

Marshall v. Beverly

18 U.S. (5 Wheat.) 313


In equity, a final decree cannot be pronounced until all parties in interest are brought before the court.

Where a bill was filed for a perpetual injunction on judgments obtained on certain bills of exchange drawn by the plaintiff and negotiated to the defendant, and which had subsequently passed from the latter into the hands of third persons, by whom the judgments were obtained. held that the injunction could not be decreed until their answers had come in, although the bill stated, and the defendant admitted, that he had paid the judgments and was then the only person interested in them, because such statement and admission might be made by collusion.

Carter Beverley, being indebted to the appellant, Horace Marshall, assigned to him several bills of exchange, amounting in the aggregate to 900 sterling, which had been drawn by the respondent, Peter R. Beverley, on Bird Beverley, of London, in favor of the said Carter Beverley. These bills were severally transferred for valuable consideration by the appellant to Luke Tiernan & Co., Stewart Montgomery & Co., Jesse Eichelberger & Co., and Cornelius and John Comegys, and having been forwarded by them to London for payment, were protested for nonacceptance and nonpayment, and so returned. Suits were instituted by these parties against Peter R. Beverley, on which he confessed judgments. Having been taken in execution clubjuris

Page 18 U. S. 314

and imprisoned, he gave bond for the prison bounds, which he broke. A second series of suits were brought on the prison bounds bonds, after judgments on which he filed the present bill against Horace Marshall, Carter Beverley, Luke Tiernan & Co., Stewart Montgomery & Co., Jesse Eichelberger & Co., Cornelius and John Comegys, and John Brown, charging usury in the transactions between Carter Beverley and Horace Marshall and a fraudulent sale of certain slaves of Carter Beverley, on which Horace Marshall retained a collateral security for his debt, and charging also that although the suits were in the name of Luke Tiernan and others (to whom the bills and been transferred), they were, in fact for the complainant's benefit, he having paid to his endorser what was due on those bills. On these grounds, a perpetual injunction was prayed for and awarded. The appellant, by his answer, admitted the last allegation but denied the usury and insisted that the sales of Carter Beverley's negroes had been made in strict conformity with the deed of trust under which they were sold. None of the other defendants answered the bill.