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Marshall v. P. R. Beverley U.S. 313 (1820)

handle is hein.slavery/ussccases0002 and id is 1 raw text is: OF THE UNITED STATES. 1820. Mlarshall V. (CHANcEnY.) Beverley. MARSHALL V. P. R. BEVERLEY. In 2quity, 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 ob- tained on certain bills of exchange drawn by the plaintiff; and negotiated to the defendant, and which had subsequently passed from the latter into the bands 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 defend- ant 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. APPEAL from the Circuit Court of Virginia. Carter Beverley, being indebted to the appellant, Horace Marshall, assigned to him several bills of exchange, amounting, in the aggregate, to 9001. sterling, which had been drawn by the respondent, Peter R. Beverley,. on Bird Beverley, of London, in favour 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 for- warded by them to London for payment, were pro- tested for non-acceptance and non-payment, and so returned. Suits were instituted by these par- ties against Peter R. B everley, on which he con- fessed judgments. Having been taken in execuqon. o.. 4 n 36S

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