Page:Melville Davisson Post--The Man of Last Resort.djvu/280

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256
The Man of Last Resort.

fight through the superior courts. When he finally obtains a judgment at law in your State, he will be compelled to resort to a suit in chancery for the purpose of selling the land. In either event he must come finally into a court of chancery and include the holders of these leases as parties defendant to his action. When this is done, the non-resident lessees are not to appear, and he will be able to obtain service on them only by an order of publication. You alone will fight this chancery suit through the lower and superior courts, and just before a sale of the land is ordered by the court of last resort, one of the non-resident lessees mast appear, and by virtue of the statutory provision applying to such cases, file his bill of review and open up the whole matter, enjoin the sale, fight the case over again and again through the superior court. When this new litigation finally draws near to a close and the land is again ordered sold, the remaining non-resident must appear, bring his action in the Circuit Court of the United States, enjoin the sale, and proceed with his fight.

“By this time,” continued Mason, placing