Page:Federal Reporter, 1st Series, Volume 6.djvu/662

 650 FEDERAL REPORTER. �Fourth. Atiother defence set up is that the fund souglit to be affected by a decree in this case is in the possession and control of the circuit court of Baltimore city, which ap- pointed the committee of the lunatic, and that, therefore, every other court is excluded from adjudicating any question with regard to it. Eosanna Andoe was found in 1869 to be of unsound mind, under a writ de lunatico inquirendo, issued by the circuit court of Baltimore city, and, upon the ratifica- tion of the return of the writ, that court, exercising equity jurisdiction, appointed two persons committee of her person and estate. The fund now sought to be reached was paid to them by the administrator of Edward Sullivan, the intestate, and bas been invested and held ever since, fijst by the com- mittee so appointed, and subsequently by the present commit- tee, who Bucceeded them in that office. Whatever that court as a court of equity, upon a proper bill filed therein, or any other court of equity, could decree with respect to the owner- ship of that fund, this court, having ail the equity jurisdic- tion that appertains to any court, can in like manner decree. Payne v. Hook, 7 "Wall. 430. The complainants might have filed their bill for relief in the court which appointed the com- mittee, but they were under no obligation to do so, because, being aliens, the constitution and laws of the United States have given them the right to choose the federal court. �We do not think the proposition can be maintained that l^roperty held hyff, committee of a lunatic is to be considered in the custody and possession of the court which appointed him, and to which he is accountable for its management, in sach sense that no other court can adjudicate with regard to the title to it, or any trust to which it may be subject. The i ajust results of such a doctrine are obvions and at once siig- gest themselves. The power to appoint such a committee might, by the legislature, be conferred upon any court of the state, and should the committee so appointed obtain posses- sion, by color of his office, of any property, real or personal, no matter to whoqi belonging, the true owner could not recQver it except by petition to, that court ; and, no matter how deficient that court might be in iurisdiction or machinery to ��� �