THAYER & ANOTHER
v.
LIFE ASSOCIATION OF AMERICA & OTHERS

U.S. | 1885-01-05
112 U.S. 717 Supreme Court of the United States (1885) Caution
Also reported at: 28 L. Ed. 864 · 5 S. Ct. 355 · 1885 U.S. LEXIS 1641 · SCDB 1884-080
Cited by 41 cases

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Synopsis

The Supreme Court reversed a Circuit Court judgment in a dispute over whether a trustee could sell property under a deed of trust, holding that the trustee was an indispensable party whose citizenship must be considered for federal jurisdictional purposes, and since it did not appear that the trustee was a citizen of a different state than the complainants, the lower court lacked jurisdiction to hear the case and it must be remanded to state court.

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Opinion of the Court
Mr. Justice Harlan

Mr. Justice Harlan delivered the opinion of the court. He recited the facts as above stated, and continued :

The trustee’was not a merely nominal party. The object of the suit was to prevent him from selling the property under' the power given by the deed of trust. The relief asked could not have been granted without his being before the court. There was no separable controversy between the complainants and the other defendants, touching the sale of the property, which could have been determined between them without the presence of the trustee. He was, therefore, an indispensable party defendant. Whether he had the right and ivas under a duty to sell the property was the controversy in which all the parties to the suit were interested. His citizenship, therefore, is material in determining whether the suit was one of which, the ’Circuit Court could take cognizance.

The record discloses nothing upon that point. He may be — and we infer from the recitals of the deed of trust that he is — a citizen of the same State-Avith the complainants. -If'such be the fact, the cause was not one that could be removed. As the trustee and the complainants are on opposite sides of the real controversy in relation to the sale of the property, and since it does not appear, affirmatively, that the Circuit Court had jurisdiction, by reason of the citizenship of the parties, the decree must be reversed, with directions — unless such, jurisdiction, upon the return of the cause, shall be made to appear — to remand the suit to the State court. Coal Co. v. Blatchford, 11 Wall. 172; Gardner v. Brown, 21 Wall. 36; Ribon v. Railroad Co., 16 Wall. 446 ; Knapp v. Railroad, 20 Wall. 117; Grace v. American Ins. Co., 109 U. S. 278; Mansfield Railway Co. v. Swan, 111 U. S. 379, 381-2; American Bible Society v. Price, 110 U. S. 61; Barney v. Latham, 103 U. S. 205 ; Blake v. McKim, 103 U. S. 336.

It is so ordered. .

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By (18 total)

  • Great S. Fire Proof Hotel Co. v. Jones, 177 U.S. 449 (U.S. 1900)
    …ted to proceed to a final hearing ;' otherwise, the bill should be dismissed at the plaintiffs’ costs without, prejudice to another §uit in a court of competent jurisdiction. Reverse#. Hancock v. Holbrook, 112 U. S. 229, 231; Thayer v. Life Asso., 112 U. S. 717, 720; Ayers v. Watson, 113 U. S. 594, 598; King Bridge Co. v. Otoe Co., 120 U. S. 225, 226; Metcalf v. Watertown, 128 U. S. 586, 587; Morris v. Gilmer, 129 U. S. 315, 325; Chapman v. Barney, 129 U. S. 677, 681; Stevens v. Nichols, 130 U. S. 230; Gra…
  • Cont'l Ins. Co. v. Rhoads, 119 U.S. 237 (U.S. 1886)
    …dwater and Lake Michigan Railway v. Swan, 111 U. S. 379, 382; Hancock v. Holbrook, 112 U. S. 229. And it is error for'a court to proceed without its jurisdiction, is shown. Grace v. American Central Insurance Co., supra; Thayer v. life Association, 112 U. S. 717; Mansfield, &c., Railway v. Swan, supra. It is' conceded that the jurisdiction in this case depends alone on the citizenship of the parties, and that there is not in the declaration any averment in express terms of the citizenship. of the plaintiff…
  • Sun Printing & Publ'g Ass'n v. Edwards, 194 U.S. 377 (U.S. 1904)

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