Page:Federal Reporter, 1st Series, Volume 7.djvu/553

 FAKMEES' L. & T. CO, V. CENTRAL B. OP lOWA. 541 �any claimant with a demand against the receiver, which he �bas a right by law to have established as a lien against the �railway property, may, by leave of the court, intervene in the �foreclosure cause and assert bis claim. It is not necessary �that the claimant should make new parties to bis petition. �He intervenes in the old chancery case, which is still pend- �ing. He asserts bis right to a lien upon the property which �the court turned over with a reservation of jurisdiction to �hear and determine bis cause. That this view of the decree �is correct, will be made manifest by the following provisions �of the decree of May 20, 1879 : �"And since it is not desirable to further continue said property under the control of the receiver, for the purpose of making net earnings for the payment of said debts, costs, and expenses, etc., it is further ordered and decreed that all said claims, and all claims pending in this court, debts and liabilitics, etc., shall be presented to said Central lowa Railway Company for adjustment and settlement ; and said company are ordered to pay the said debts, costs, and expenses, etc., and for the purpose of enforcing the payment thereof, If need be, this court will and does retain jurisdiction of said cause, for the purpose of enforcing said payment and the lien herein provided for, without other action or independant pro- ceeding." �The proceedings by which the claimant asserts bis rights is analagous, at least, to an action in rem. Now, it is familiar law, that, in order to give a court full and complete jurisdiction in rem, some form of notice must be given to parties whose rights and interests may be affected by the decree ; and, wbere no form of notice is prescribed by law, the court is empowered to direct the notice to be given. This notice is sometimes personal, and in some cases by publica- tion, depending upon the situation of the parties. In the present case the new railway company — the lowa Central Eailway Company — is the party whose interest would be affected by a decree establishing a lien upon the property. The petitioner must, therefore, give that company notice, and since it exists within the jurisdiction of the court, the notice must be personal. AU this proceeds, of course, upon the condition that the claim bas been presented to the company for payment and adjustment, according to the express terms of the final decree, and rejected. ��� �