Evans v. Gorman

Citations

• 115 F. 399
• 1902 U.S. App. LEXIS 4942

Syllabus

<p>1. Courts — Federal Courts — Jurisdiction—Injunction—Restraint oe Judicial Sale.</p> <p>Under Rev. St. § 720, prohibiting the federal courts from enjoining proceedings in state courts, which is declaratory of a rule of comity, a federal court has no power to enjoin a sale of estate lands ordered by the Arkansas probate court to pay judgments against the estate; such court, under Const. Ark. art 7, §' 34, being a court of record having exclusive jurisdiction of the estates of deceased persons, the lands of which estates, under Sand. & H. Dig. Ark. § 80, are estate assets, subject to the payment of debts; and this is true even though the injunction suit is ancillary to a suit to set aside such judgments for fraud, commenced after the sale has been ordered.</p> <p>3. Administrators and Executors — Sale oe Estate Property — Suit to Enjoin — Parties.</p> <p>Judgment creditors of an estate are indispensable parties to a suit to enjoin the administrator from selling estate real property for the payment of such judgments.</p> <p>8. Same — Parties—Misjotnder.</p> <p>Where the jurisdiction of the federal court to grant an injunction is based on a diversity of citizenship, the omission of a necessary party, who cannot he made a party without defeating the jurisdiction of the court, requires a dismissal of the cause.</p>