Page:Federal Reporter, 1st Series, Volume 6.djvu/806

 794: FEDERAL REPORTER. �dent or treasurer. If they are not allowed the privilege of thus suing they cannot be thus sued. The American Express Company bas a capital stock of $18,000,000, witb more than 3,000 sharebolders. Its right to sue and its liability to suit in the name of its president or treasurer is a franchise con- ferred upon it by the laws of New York, which by comity should and does follow it into other states, and William G. Parco, who brings the suit as president, is a citizen of New York, and the defendant is an Indiana corporation and a citizen of that state. �For these reasons I think the suit is properly brought, and, without deciding other questions which were argued by coun- sel, the motion to dismies for want of junsdiction is over- ruled. ���Chapin V. Walkes and others. {Circuit Court, D. Arkansas. , 1881.) �1. Affibmativb Rbuef ra Eqtjity— Gross-Bill. �Any affirmative relief sought bya defendapt in an equity suit miist be by cross-bill,and can never be granted upon thefacts stated in the answer. �2. Bill to Foreclose Mobtgage— Murtgageb's Title Cannot bk �Qtjebtiokbd. �According to the practice which prevails in the federal courts ia a suit to foreclose a mortgage, the mortgagee's title cannot be ques- tioned ; it must be investigated at law. �3. Statbmekt of Case^Deceeb. �The answer of a respondent to a bill in equity to foreclose a mort- gage denied the complainant's title, set up an adverse title as mort- gagee.and prayed that complainant's mortgage be declared void.and that the respondent's lien be declared a first and prior lien on said land. Hdd, that the title of complainant could not be questioned in the proceedinga to foreclose, but the decree in this case would be itiodified so as to provide that the decree and sale thereunder should be without prejudice to respondent's right to coutest the title to the laud lu question by au action at law. �Tn Eqnity. ��� �