Page:Federal Reporter, 1st Series, Volume 3.djvu/112

 a question purely legal—remove the cloud, and proceed and administer full relief by ejecting the party wrongfully in possession, and putting the adverse party therein. So the remedy to collect a promissory note is at law, and if thus sued the parties would be entitled to a trial by jury. But if it is secured, either by pledge or mortgage, and a bill is filed to subject the security, a court of chancery would have jurisdiction; and, being thus invested with equitable jurisdiction, it could decide any issue, legal or equitable, made in the case, ascertain the sum due, and enforce its finding by an appropriate decree. The same principle is applicable to a creditor’s bill filed to marshal assets, and distribute the estate of a decedent, or insolvent corporation. The debts may be evidenced by obligations on which suits at law could only be maintained. But a court of chancery, obtaining jurisdiction to marshal assets, is authorized to ascertain how many debts are due, to whom owing, and the amount of each, as incident to its equity jurisdiction to marshal the assets, etc. These examples are apropos to illustrate the case in hand.

The bill to foreclose the mortgage in this case gave the court jurisdiction over the whole subject-matter of the litigation, and conferred upon it authority to hear and determine all collateral issues that might be involved in the controversy. The court had power to appoint a receiver, and to order him to operate the road; to employ operatives and fix their wages; contract for the carrying of freight and passengers; to order payments for injury due to freight; compensate shippers for damages sustained on account of non-delivery of goods, and make reparation to persons for injuries inflicted by the negligent or wrongful action of its servants; and the court could, in its discretion, in order to a just discharge of its duties, call in a jury, invoke the assistance of a master, or take such other steps for a judicial ascertainment of the facts as it might regard most appropriate in the particular case. Its right to proceed in this way has been recognized and followed for an indefinite period. It may, but is not compelled, to call a jury. Whether it will or will not send the issues to a jury is a matter resting in the judicial discretion of the court. A court