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KILBOURN v. SUNDERLAND

Nos. 188, 261, 262.

130 U.S. 505 (1889)

9 S.Ct. 594

32 L.Ed. 1005

KILBOURN, v. SUNDERLAND. SUNDERLAND, v. KILBOURN. SUNDERLAND, v. KILBOURN.

Supreme Court of United States.

Decided April 22, 1889.

Attorney(s) appearing for the Case

Mr. M.F. Morris, for Sunderland.

Mr. Enoch Totten, and Mr. J.M. Wilson, for Kilbourn, Olmstead and Latta.

Mr. J.H. Rallston for Hillyer.

MR. CHIEF JUSTICE FULLER delivered the opinion of the court.

It is argued on behalf of Kilbourn, Latta and Olmstead that Stewart was an indispensable party to the cause, and that the bill should have been dismissed because he was not made such. Title to the real estate purchased by Sunderland, Hillyer and Stewart was placed in Latta in trust as matter of convenience, and it appears that in December, 1872, Stewart sold all his interest to Sunderland, evidencing the...

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