Page:Federal Reporter, 1st Series, Volume 5.djvu/477

 EOWABDS V. SBIiDEir. 165 �HowABDS ». Seldb» asd othera; Ex parte Tubfis. {Circuit Court, B. D. Virginia. May, 188C.) �L Jdhibdiction of FiajBBAi:, Ctocai— Equitable Relief— Resident» OF Samb State. �In a suit in a state court for an account against a deputy sherrS, who was insolvent and in default, and against bis sureties, in which the Wgh sherifl and his sureties and two creditera were parties, a decree was rendered in favor of the creditors, awarding eacli a sum of money. The non-resident representatives of one of these creditera, •who had died, brought a chancery suit in a United States circuit court making the other crediter and ail the parties to the suit in the state court parties defendant, ail the defendants being residents of the state. In this suit, in the federal court, it was ascertained that the two debts could not be made except against a surety of the high sberiff, and they were nxade by a sale of the lands of that surety, and the plaiutitls and the other crediter were paid. But, bef ore the cause was ended, one of ' the sureties of the deputy sherifC became selvent ; whereupon the surety of the high sherifE, whoae lands had been sold, filed his petition in the federal court praying that this now solvent surety of the deputy sherifE, who was liable before himself for the two debts which had been paid, should be made to re-imburse himself in the amount of the two debts. �Udd, that the federal court having, as a court of equity, jurisdic. tien over the parties before it, had jurisdiction to grant the prayer of the petition, though both the petitioning and respondent sureties defendant were residents of the same state. �t, Dbcrbb of State Coubt — Dbfencb rst Federal Coubt. �Edd, that the decree of the state court, which had not been ap. pealed from, waa conclusive against ail who were parties to the suit in that court, and that it was not competent for them to make any defence in the federal court against the two debts decreed which it - might originally bave been competent fer them to make in the state court, but which they did not make there. �t. JUEIBDICTION OF FeDBKAL CoURT— CbEDITORB' BiLL. �Rdd, that it was competent for the non-resident complainants in the federal court to bring in as defendants ail the parties to the suit in the state court, including the other crediter, and, by a cred- itors' bill, to cbtain a decree for the payment of both debts awarded by the decree of the state court. �In Equity. �HtJGHES, D. J. Charles Selden was high sheriff of Powhatan county during the year March 3, 1847, to March 3, 1848, and gave bond to the county as such, with W. A. Turpin as one of �v.5,no.6— 30 ����