STRIKE'S CASE.—1 BLAND. 63

answer, which should not be conceded to a defendant who fully
sustains such a defence as he has set forth.

In application to this claim and defence, proofs have been col-
lected, and the case has been submitted to the decision of a com-
petent tribunal, who, in May, 1822, declared and decreed, that the
conveyances from Rogers to Strike were " null and void as against
the complainants; " that the property in question should be sold;
that the proceeds be brought in "to be applied under the Court's
direction," and concluding with a declaration, that " all equities,
as to the distribution of the proceeds of sale, are reserved by the
Court for hearing," on their being brought in.

It is held to be a first principle, by every Court of justice, that
no one can ask for its determination without showing a sufficient
ground for its decision. Before a plaintiff can call for a determi-
nation in his favor, he must furnish the Court with a basis whereon
*to rest its judgment. In this case, the validity and suffi-
ciency of the plaintiff's claim, are the very foundations of 69
the decree; without that claim having been proved or admitted,
no such decree ought, or could have been rightfully made. It
does, therefore, necessarily and conclusively establish the plain-
tiff's claim; and consequently that claim cannot now, in this stage
of this cause, be again, in any manner, put in controversy. This
is the first point settled by this decree.

The decree then proceeds to remove obstructions, and to grant
facilities. The deeds, which are the impediments complained of,
are declared to be null and void; or, in other words, as between
the plaintiffs and defendants, they are totally annihilated. What-
ever validity or operation they may be permitted to have, as be-
tween Rogers and Strike, they can have none at all, " as against
the complainants." In relation to them, this property is to be
dealt with as if those deeds had never existed. This is the second
point settled by this decree.

But it would have come to a most lame and impotent conclusion
had it stopped here; therefore, after having determined, that the
plaintiffs had a claim; which ought to be satisfied; and, that they
had a right to have recourse to this property, it goes on to declare
that the property shall be sold, and the proceeds brought in to be
paid over as the Court should direct. And this is the third point
settled by this decree. So far, then, the matters in controversy
between these parties have been finally closed; and this decree
must be regarded, as all others of a similar nature have been, as a
final decree; one in which all the material rights of the parties
have been considered and adjudicated upon.

But the decree speaks of further directions, and of equities re-
served; and it has omitted to say any thing of certain incidents to
those rights which it had finally settled. As to all these particu-
lars this decree yet remains to be fulfilled and executed. When a