Page:Federal Reporter, 1st Series, Volume 2.djvu/302

 EAHLOABD V. EENNEDT. 295 �could be shown, it was certainly proper to Bhow the value of the use of the vessel from the earnings of like beats in that river. �The motion for new trial must be overruled. �EsEEEL, J., concurs. ���Sahlgabd ». Kennedy and others. {Oireuit Court, D. Minnesota. May, 1880.) �Equitt— Bill to Set Astob Decebe— Jtirisdiction.— If.inadirectpro- ceeding to set aside the decree of another court, there are parties beforo the court other than those in the proceeding in which the decree was rendered, and it is charged that such decree was fraudulent, the court may entertain jurisdiction thereof, and prevent the parties before it from proceeding to enforce such decree or availing themselves of any advantages thereunder. �Baue — Bamb— Pradd. — An original bill is' a proper mode of seeking redress against a decree obtained by fraud orcovin. �Samk— 8amb. — Whbn Proceedings Should be m Court, RBNDBRDia Decree. — Where the proceedings to obtain relief against a decree are tantamount to common-law practice of moving to set aside a judgment for irregularity, writ of error, or bill for review, they should be in the court where the decree is rendered; but if they are equivalent to a bill in equity to set aside for fraud, they constitute a new and original pro- ceeding. �Bamb — Same — BuPFiciBîrcT of Bill. — A bill in equity by a bond holder to set aside a foreclosure decree and sale thereunder containing alle- gations tending to show that one of the trustees under the mortgage combined with the purchasers at the sale to bid in the mortgaged prop- erty at a sacrifice of the interest of the bond holders, and that the trustee permitted the control of the foreclosure proceedings to pass into the hands of such purchasers, States equities sufflcient to require an answer. �Demurrer to Bill. �Gilman e Clough, for plaintiff. �Geo. B. Young, Geo. L. e Chas. E. Otîs and R. B. Galusha, for defendants. �Nelson, D. 3. The complainant, an alien, files his bill in equity on behalf of himself and other holders of any of the ����