Masterson v. Herndon
Supreme Court of the United States
Howard and others filed in the court below a bill of peace and for conveyance of pretended title to a tract of land described, against 8. A. Maverick and J. H. Herndon, and on that bill the court decreed that the complainant “ have and recover of the said 8. A. Maverick and the said J. H. Herndon the tract of land in the bill described, and that their title to the same is hereby decreed to be free from all clouds cast thereon by the said defendants.”
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Howard and others filed in the court below a bill of peace and for conveyance of pretended title to a tract of land described, against 8. A. Maverick and J. H. Herndon, and on that bill the court decreed that the complainant “ have and recover of the said 8. A. Maverick and the said J. H. Herndon the tract of land in the bill described, and that their title to the same is hereby decreed to be free from all clouds cast thereon by the said defendants.” From'this decree Herndon appealed! In regard to Maverick, the petition, which was signed by counsel only, and was not sworn to, was thus: “ Your…
1Opinion of the Court
Mr. Justice MILLER,
after stating that a careful examination of the record satisfied the court that the decree was a joint decree, and that the appeal was clearly taken by Herndon alone, delivered, its opinion as follows :
It is the established doctrine of this court that in cases at law, where the judgment is joint, all the parties against whom it is rendered must join in the writ of error; and in chancery cases, all the parties against whom a joint decree is rendered must join in the appeal, or they will be dismissed. There are two reasons for this: 1. That the successful party may be at…
2Cases cited3 opinions
- Thomas Deye Owings and Others v. Andrew KincannonSupreme Court of the United States · 1833
- Todd v. DanielSupreme Court of the United States · 1842
- Williams v. Bank of United StatesSupreme Court of the United States · 1826
3Cited by77 opinions
- Winters v. United StatesSupreme Court of the United States · 1908
- Newton v. Consolidated Gas Co. of NYSupreme Court of the United States · 1924
- Hardee v. WilsonSupreme Court of the United States · 1892
- Davis v. Mercantile Trust Co.Supreme Court of the United States · 1894
- Mercantile Trust Co. v. Kanawha & O. Ry. Co.Court of Appeals for the Sixth Circuit · 1893
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