Page:Federal Reporter, 1st Series, Volume 5.djvu/852

 840 FEDERAL REPORTER. �pany, the former have the superior right, and must be first paid." Purther on the court said that it did not intend to overrule the former decision of the court, but had built upon the foundation there laid. �These cases do not settle definitely whether, in the opinion of the state court, the proceedings have so drawn the litiga- tion in respect to the property into the court of chancery as to exclude ail other courts. To exclude other courts that court should be so administering the property, by virtue of its prerogative and functions as a court, as to draw the con- trol of the property and its avails to the court as such, and to make the decision of questions respecting it necessary in order to award it to the rightful claimant and put it ont of court. These cases tend strongly in the direction that there ■was not such an administration as this, and eertainly fall far short of showing that there was. �The compromise agreement itself did not provide for any further proceedings in court beyond such a decree in the pending cause as should render the agreement legal and binding on ail parties interested in the roads. The petition on which the decree was made did not purport to be for any- thing further than carrying out the agreement. The decree was founded upon the consent contained in the agreement, the want of objection by parties appearing, and the default of those not appearing. It provided for the settling the accounts of the trustees and receivers by a committee of bondholders, and, on objection, afterwards by the court; and that the cause should be continued on the docket of the court, with liberty to any party to apply to the court, from time to time, for further orders in the premises, as he or it might be advised. There was no judgment of the court beyond the consent, and this part of the decree had no consent to rest upon, other than that of those who participated in making it ready for the signature of the chancellor. The putting the agreement in the form of a decree added nothing to the force and effect which the agreement would otherwise have. F. e G. R. Co. V. F. C. R. Go. 50 Vt. 500. �This agreement, standing on its own evidence, or so authen- ����