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CARNEAL V. BANKS, 23 U. S. 181 (1825)

U.S. Supreme Court

Carneal v. Banks, 23 U.S. 10 Wheat. 181 181 (1825)

Carneal v. Banks

23 U.S. (10 Wheat.) 181


The joinder of improper parties as citizens of the same state, &c., will not affect the jurisdiction of the circuit courts in equity, as between the parties who are properly before the court if a decree may be pronounced as between the parties who are citizens of the same state.

A decree must be sustained by the allegations of the parties, as well as by the proofs in the cause, and cannot be founded upon a fact not put in issue by the pleadings.

The treaty of 1778 between the United States and France, allowed the citizens of either country to hold lands in the other, and the title, once vested in a French subject, to hold lands in the United States, was not devested by the abrogation of that treaty, and the expiration of the subsequent convention of 1800.

Bill to rescind a contract for the exchange of lands dismissed under the special circumstances of the case.

Page 23 U. S. 182

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