Merritt v. President, Etc of Bowdoin College

• Citation: 18 S.Ct. 415,169 U.S. 551,42 L.Ed. 850
• Decision Date: 14 March 1898
• Docket Number: No. 505,505
• Parties: MERRITT et al. v. PRESIDENT, ETC., OF BOWDOIN COLLEGE et al
• Court: United States Supreme Court

169 U.S. 551

18 S.Ct. 415

42 L.Ed. 850

MERRITT et al.

v PRESIDENT, ETC., OF BOWDOIN COLLEGE et al.

No. 505.

March 14, 1898.

The plaintiffs in this suit (appellees here) are the president and trustees of Bowdoin College, a corporation of Maine, and a large number of individuals who are citizens of states other than California. They sued on behalf of themselves and of all other beneficiaries under a certain deed of trust made and entered into between Catharine M. Garcelon, of the first part, and John A. Stanly and Stephen W. Purington, trustees, of the second part. The defendants were James P. Merritt and others, including Stanly and Purington. The general object of the suit was to quiet the title of the plaintiffs to the real estate conveyed by the above deed to Stanly and Purington, and to secure an injunction restraining the other defendants from violating certain alleged covenants, promises, and agreements made with the grantor, and also the specific performance of such covenants, promises, and agreements.

The bill contained these allegations as explanatory of the reasons why the suit was not instituted by the trustees Stanly and Purington:

'Your orators and oratrices allege and aver that they have requested the said Stephen W. Purington and John A. Stanly, as trustees as aforesaid, to institute such action, suit, or proceedings against the defendants the said James P. Merritt and Frederick A. Merritt, and their confederates, as would be necessary to quiet their title to the real estate so conveyed to them in trust as aforesaid, or to secure a perpetual injunction restraining the said James P. Merritt and Frederick A. Merritt and each of them from v olating their repeated covenants, promises, and agreements made with the said Catharine M. Garcelon, as is here-inbefore stated, and to secure a specific performance of said covenants, promises, and agreements, and the said Purington and Stanly have declined to accede to this request of your orators and oratrices; that, by reason of such refusal, your orators and oratrices are compelled to institute this suit, which your orators and oratrices do, not only in their own behalf, but on behalf of all other beneficiaries of said trust who may elect to join your orators and oratrices herein.'

The defendants James P. Merritt and Frederick A. Merritt demurred to the bill of complaint, assigning as grounds of demurrer that it appeared from the bill that the plaintiffs were not entitled to the relief prayed against them; had not by the bill made out any title to the relief prayed; that the subject of the suit was not within the jurisdiction of a court of equity; that the court below had no jurisdiction of the suit; that it appeared from the bill that the same was exhibited against the defendants for several distinct and independent matters having no relation to each other or to one another, and in which or in the greater part of which the defendants demurring were not in any way interested or concerned; that the bill was multifarious; that it appeared from the bill that certain persons were not brought before the court who were necessary and proper parties; and that the bill did not show any matter of equity entitling the plaintiffs to the relief asked against the defendants who demurred.

The demurrer was overruled, and the opinion of the court thereon will be found in 54 Fed. 55.

The case was next heard on the application of the plaintiffs to file a supplemental bill making Harry P. Merritt a party defendant, and for an injunction to restrain the prosecution of an action commenced by him in the superior court of Alameda* county, Cal. Leave to file such a bill was given, and a preliminary injunction was granted 59 Fed. 6.

Subsequently the defendant James P. Merritt filed a plea, in which it was stated that all the defendants to the bill (including the defendant Purington, who had then recently died) were at the time of the commencement of the action, and ever since had been, citizens of California; that Stanly and Purington 'could not at any time bring or maintain in this court this action nor any cause of action alleged in the said bill of complaint; that said last-named defendants, for the purpose of bringing and maintaining this action in this court, and to evade the provisions of the constitution of the United States and the laws giving jurisdiction to this court, brought and maintained this action in the names of the persons named in said bill of complaint as complainants therein, and without any authority thereto by or from said named complainants or any of them; that said named complainants are only nominal parties to said bill of complaint and in this action, and that said last-named defendants, John A. Stanly and Stephen W. Purington, claiming to be trustees as aforesaid, have always been in truth and in fact the only real parties complainant in said bill of complaint and in this action, and that they are only nominally and colorably defendants in said bill and in this action'; that 'the said John A. Stanly and Stephen W. Purington, claiming to be trustees as aforesaid, never were, nor was either of them at any time, nor is the said John A. Stanly, as trustee or otherwise, now in truth or in fact, real or genuine parties defendant, or a real or genuine party defendant to said bill of complaint; and that said John A. Stanly and Stephen W. Purington, claiming to be trustees as aforesaid, were, and each of them is, named in said bill of complaint as a party defendant thereto only colorably and by false pretense, for the purpose of making it falsely to appear that he is a party defendant thereto, and in truth the real and genuine party complainant therein; that none of the parties named in said bill as complainants therein ever was or is in truth or in fact complainants or a party complainant to said bill of complaint or in this action.'

The plea further averred:

'That the persons named...