Coiron v. Millaudon

THIS was an appeal from the Circuit Court of the United States for the eastern district of Louisiana, sitting as a court of equity.

The facts are sufficiently stated in the opinion of the court.

It was submitted on a printed argument by Mr. Hunt and Mr. Ogden for the appellants, and argued by Mr. Benjamin for the appellees.

The point upon which the case was decided was thus stated by Mr. Benjamin:

I. There is an absence of the parties indispensable in the suit. The complainants seek to set aside a sale made by the creditors of Coiron, through the agency of their syndic, to Millaudon and Lesseps.

In order to do this, both vendor and vendees must be parties. Shields v. Barrow, 17 Howard, 131.

It is obvious, that if the sale complained of be set aside, the effect would be to entitle the defendants to recover back their money from the syndic or the creditors, and to entitle the creditors to take back the property, and have it regularly sold in satisfaction of their claims.

Mr. Justice NELSON delivered the opinion of the court.