Page:Federal Reporter, 1st Series, Volume 2.djvu/356

 CAMPBELL V. JAMES. 349 �had prayed. Since then ail parties -whoBe presence was de- sired by others have been before the court. �It is not important in equity proceedings, for every pur- pose, that ail the parties to the controversy should be upon opposite sides in the formai pleadings. It is sufficient that tbey are citizens of different states, on opposite sides of the dispute, aithough not on opposite sides in the pleadings, for the removal of the cause to the federal courts. Meyer v. DeU aware R. Con. Co. S. C. U. S., October term, 1879, (Chicago Legal News, January 3, 1880.) That the rights of the parties could be determined in the cause, no twith standing their position, 'would seem to be a necessary ground to that conclusion. In this cause the pleadings cover ail the grounda of claim upon and defence by the defendant, as well to that part claimed by Eddy as in respect to that claimed by the plaintiff, and the evidence bas been taken in respect to ail the issues made, and considered as bearing upon them. Under these circumstances, at least, it seems proper that the rights of Eddy, and of those claiming under him as trustee, to the fruits of the infringement of the defend- ant, should be considered and determined. AU the parties except the defendant James have insisted upon this course, and he has only insisted that the proceedings should be such as to protect him from further suits for the same cause. �These proceedings, vrith these parties to them, appear to be ample for that purpose. Eddy was trustee by name in the conveyances for himself, Shavor and Corse. The pre- sumption would be, in the absence of ail proof, that he was trustee for himself and them in equal proportions. What- ever proof there is shows them to have been equal partners in cognate matters, and intensifies rather than rebuts the presumption. He could not be trustee for himself in any proper sense of the term, and must have been an absolute owner of bis share of the third he held, or one-ninth of the whole. Shavor and Corse were equitable owners of their shares, or one-ninth each of the whole. Shavor died, and hia Personal representatives, by leave of court, became parties to the suit under the rights represented by Eddy. On the ����