Massachusetts & Southern Construction Co. v. Cane Creek Township
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF SOUTH CAROLINA. This was a suit commenced by the appellant, a citizen of the State of Massachusetts-, in the Circuit Court of the United States for the District of South Carolina, to recover the possession of certain bonds.
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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF SOUTH CAROLINA. This was a suit commenced by the appellant, a citizen of the State of Massachusetts-, in the Circuit Court of the United States for the District of South Carolina, to recover the possession of certain bonds. The defendants were the township of Cane Creek, Lancaster County, South Carolina, a citizón of that State, and the Boston Safe Deposit and Trust Company, a corporation created by and a citizen of the State of Massachusetts, the State of which the plaintiff was a citizen. The facts as alleged in the bill…
1Opinion of the CourtJustice Brewer
The plea to the jurisdiction should have been sustained. The substantial object of the suit was to obtain possession of the bonds. The Deposit and Trust Company was the party in possession, and, although it claimed no interest in the bonds as against the plaintiff and its codefendant, yet possession could not be enforced in favor of the plaintiff except by a decree against it. Where the object of an action or suit is to recover the possession of real or personal property, the one in possession is a necessary and indispensable (and not a formal) party. The case of Wilson v. Oswego Township,…
2Cases cited1 opinion
- Wilson v. Oswego TownshipSupreme Court of the United States · 1894
3Cited by32 opinions
- Salem Trust Co. v. Manufacturers' Finance Co.Supreme Court of the United States · 1924
- Calcote v. Texas Pac. Coal & Oil Co.Court of Appeals for the Fifth Circuit · 1946
- Love v. Export Storage Co.Court of Appeals for the Sixth Circuit · 1906
- Bonneville Tower Condominium Management Committee v. Thompson Michie Associates, Inc.Utah Supreme Court · 1986
- Tug River, Coal & Salt Co. v. BrigelCourt of Appeals for the Sixth Circuit · 1895
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