Page:Federal Reporter, 1st Series, Volume 3.djvu/187

 180 FEDERAL REPORTER. �parties to the suit, and whose rights have not been fore- «losed. �No authority is shown, no precedent is shown, and I do not Ijelieve any can be shown, for such a proceeding. It is so anomalous, so unusual, so much out of the way, that I think it requires express authority in the way of precedent or statute io show that such a thing as that can be done. The counsel, apparently, seeing this difBculty, have made an order accom- panyingthe confirmation proceedings the foundation, to a large «xtent, of this application. There is a single sentence at the «nd of the long order concerning the confirmation. The first part of that confirmation is: "That the said report, the said foreclosure sale, and ail proceedings thereon, be and the same are hereby, in ail things, confirmed." There are several «rders relating to the distribution of the proceeds, and what ihe master should do with the money, and so on, and then it winds up: "This order is made by and with the consent and at the request of the trustees, the eomplainants, and with the consent of the parties defendant shown above, and the right lo make any further order is reserved." �The argument in favor of opening this case by these peti- tioners, who are not parties, is that we will permit them to be made parties; that this order is sufficient to open up every- thing. First, that it is sufficient to go back and open up ihe original decree ; but, if not, that it is certainly sufficient to allow the court, upon such representations as they here make, to set aside the order of confirmation, then to set aside the sale, and then to order a resale, or take such steps aa may be just to the parties. �The language of that order differs but little from the ordi- -nary language made use of in decrees, to the effect "that further orders may be made upon a footing of this decree;" and I cannot believe that when it was made it was in the contemplation of the court who was confirming this sale that the "further orders" there spoken of was such an order as would set aside the sale. That was the thing they were passing upon. Who has ever heard of a decree which dis- ����