Stillman v. Combe, 197 U.S. 436 (1905)

Stillman v. Combe

No. 174

Argued March 10, 13, 1905
Decided April 3, 1905
197 U.S. 436

APPEAL FROM THE CIRCUIT COURT OF THE UNITED

STATES FOR THE SOUTHERN DISTRICT OF TEXAS

Syllabus

All the parties to an action in the United States Circuit Court to determine title to land united in an agreement that judgment be entered in favor of two of the parties, who were to convey the property to a purchaser and to deposit the purchase price in a bank to the credit of arbitrators, who were to determine the exact rights of all the parties and distribute the fund accordingly; judgment was entered and never appealed from or otherwise attacked. Held that the parties in whose favor judgment is entered are not trustees of the court, nor is the purchase price received by them a fund of or under the control of the court, and a suit brought against them to compel them to account for the purchase money is not ancillary to the original action and the final judgment rendered therein, and jurisdiction of the circuit court cannot be maintained on that ground alone.

The appeal to this Court on the ground that the circuit court had no jurisdiction by a defendant who had not appeared generally is not affected by the fact that one of the defendants has appealed to the circuit court of appeals.

The facts are stated in the opinion.