Page:Federal Reporter, 1st Series, Volume 8.djvu/569

 OBEENLEAF V. DOWS. 655 �have sued at law. "In all cases where a court of equity bas jurisdic- tion for discovery, and the discovery is effectuai, that becomes a suffi- cient foundation upon •which the court may proceed to grant full relief," In other words, where the court has legitimately acquired jurisdiction over the cause for the purpose of discovery, it will, to prevent multiplicity of suits, entertain also the suit for relief. Id. § 456. It would be a plain violation of this rule to remit the several complainants at this stage of the prbceedings to their remedy at law. ' If itwere necessaryto discuss this question further, the jurisdiction in equity might, I think, be maintained for the purpose of preventing a multiplicity of suits, or under the head of "apportionment and contri- bution of a common fund among all those who have a title to al portion of it." Id. § 46d et seq. �3. Eespondents David Dows & Co., having converted the -wheat in question to their own use, are liable to the holders of warehouse re- ceipts or wheat tickets such as the law recognizes for the reasonable value of the wheat represented by such instrument, not exceeding, of course, the total value of the wheat actually seized andappropriated; but before final decree is entered it is proper to inquire whether all the holders of such instruments are before the court. It is also deemed proper to take the opinion of a master upon the qviestion of the reasonable value of the wheat. For these purposes the case will be referred to a master, to be named by Judge Nelson, Who will in- quire and report at the next term : �(1) Whether all persons interested in said wheat are .before the court in this case; and (2) the master will, report hia conclusions from the evidence as to the reasonable cash value of the wheat claimed hy complainants at the time it was taken by respondents upon the writ of replevin, and also its high- est market value at any time between that time and July 1, 1881. �If deemed necessary the said master may take further testimony touching these questions. ��� �