Page:Federal Reporter, 1st Series, Volume 1.djvu/372

 364 TEDEBAL BKPORTEK. �the court had determined their respective priorities. These priorities were ascertained. The real object of that suit was accomplished, and nothing further has been done in it. It would be impossible for the present complainant, though thi'ough the trustees of the mortgage he was a party to that bill, to get the relief there whieh he seeks here. That bill alleges no such grounds for relief as are stated in the bill before us. Here is alleged fraud, misappropriation of the reeeipts of the defendant company, and gross misconduct of its oiËcers. It would be impossible in the suit in the state court, unless the whole scope and purpose of it were changed, to give the complainant in this cause his remedy there. He could not file a cross-bill, for in that cause, though concluded by the appearance of Jiis trustees, nothing was to be deter- mined but the priority of his lien. He could not ask leave to amend the bill so as to include the subject-matter of the bill here filed, because he is not a party complainant there ; and it appears further in this suit that ail the alleged wrongs the complainant eeeks to have redressed in this action occurred long after the determination of the questions involved in the suit in the state court, and, since further proceedings in it have been neglected or abandoned, the complainant, in om view, is entitled to have his rights adjudicated here. We have no power to send him to another tribunal, because at a former time, and to determine other rights than those claimed here, he sought the jurisdiction of that forum. �The question next submitted to us is whether we can pro- ceed in this cause without the presence of William W Cor- coran, who is one of the trustees in the mortgage which the complainant is seeking to enforce. Corcoran cannot be made a party by reason of his residence in the District of Colum- bia. Four out of five of the trustees named in this mortgage are present in court. They have been brought here by the process of the court, and have answered. Whether or not Corcoran is an indispensable or even a necessary party to the bill depends upon one fact. If the court can determine, by its decree, the rights of these cestui que trusts under the mort- gage without deciding what the rights of the trustee CorcoraD ��� �