The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1903-04-21

this suit Is by. or for the benefit o1.
Charles Salter.
In Blackjack " small. IL L. s. -.
Jacob Small. IA citizen OF the State RI
South Carolina. execute "a bond to
Blackjack. for The sum Of $lo.Goo. a mort
gage to secure tho same upon certain
property in said State.
Blackjack assigned and transferred for
value the bond to Alex Robertson. il.
trust for the three children OF Blackjack.
Emma Jane Blackjack. Mary Blackjack.
and Helen Robertson Blackjack. Small
pretended TO pay the bond and mortsaea
to Robertson in the notes OF TN" Confod-
crate State ana Robertson satisfied the
mortgage Of record and delivered up the
bond to Small.
Two Of the children of Blackjack.
Emma Jane and Mary. being citizens aEl
residents Of the State OF Georgia.
brought a bill i'm equity ia the Circuit
Court of the United States against Small.
a citizen OF South Carolina, Robertson,
a citizen OF North Carolina. and Helen
Robertson Blackjack, a citizen OF South
Carolina. for the purpose of anuullims
the payment of the bond in Confederate
notes. the satisfaction Of the mortgage.
and for the re-establishmcnt and fore
closure OF the said mortgage lien.
Small intcrposcd a plea 10 the juris1ic-
ton because the plaintiff. as we'll rs
himself, were citizens Of South Carolina
when the bill was filed. The plea was
over-rulcd. Small answered as did also
Robertson. The defendant Helen Robert
son Blackjack put in an answer admitting
the allegations of the bill and generally
Joined with the plaintiffs in the prayer
for relief.
vrII-# Count J.rfl.3 shat Tho Cfrg+Hf
Court was without Jurisdiction and Ill
rected It TO dismiss the bill Mr.. Justice
Blatchford delivering the opinion Of the
Court, on page 104, said:
There is another difficulty in the
case. On the question Of jurisdiction.
The bond was q unit; the mortgage
was a unit; and tine assignment Of
the bond by Blackjack to Robertson
in TRUST for the children Of Black
lock was a unit. The bond cannot be
enforced against Small. nor can the
mortgaeed premises be sold. in favor
Of the two plaintiffs alone. TIE RE-
LIEF ASKED N THE SUIT MUST
NECESSARILY be for tho benefit Of
the defendant Helen Robertson Black-
lock. as VOL as for the benefit OF the
plaintiffs. especially as. by her an
swer. She arranges herself on the side
Of the plaintiffs as against Small,
joins in the prayer of the bill, and
asks that the aymout Of the bond
and the satisfaction Of the mort
gage be declared void. and that the
bond and mortgage be declared valid
in the hands OF Robertson. as Trus-
tee, for the benefit OF herself and the
plaintiffs. and that Small be decrced
to pay TO herself and the plaintiffs
the amount OF money secured by the
bond mortgage. with interest. Tho
suit is, therefore, shown 10 be one
substantially BY and for the benefit Of
Helen Robertson Blackjack. and the
proofs show that. at the time Of the
commencement OF the suit, she was
and has since then always continued
TO be a citizen OF South Carolina. Of
which State Small was and il a citi-
zen"
There can be no question then that. ac-
cording to the allegations OF the Bill.
this suit is by and for the benefit Of
individual bondhilders-rcpresented b.
Charles Salter-as well as for the benefit
Of the state Of South Dakota. Can such
a suit be sustained?
VI think not.
Without aking into account the pro-
hibitions Of the Eleventh Amendment II
could not be
This court has more than once said
that its original jurisdiction over con
troversies' in which States are parties.
is limited and not to be expanded ty
construction.
when a State consented to be sued by
another State in q proper controversy i
certainly did not thereby expressly CON
sent 10 De sued hv such State AE
INDIVIDUAL, and TO hold that Il did
requires decidedly expansive construc-
ton.
Such is the expressed opinion Of Mr..
Justice Curtis, who said in Florida -.
Georgia, II How. AIS, on page 5o4:
The state OF Georgia has con-
scented to be sued by one or more
States, or 81 a foreign State. and by
no other person or body polite. The
State Of Georgia has consented TO
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