514 HODGES v. MULLIKIN.

court itself had acted upon that belief, which it was authorized to
edduce from the answer of Mullikin and the absence of any proof
to the contrary; when in fact it had not been so released and
could not be protected against that incumbrance, because those
creditors had not been made parties.(r)

According to these views of the case, and looking to these
consequences, it is perfectly evident, that this decree, if suffered to
stand and be executed, may work material injury to those who
ought to have been made parties to it, and who have never been
called upon or heard in any way : and as to purchasers, it may
operate as an instrument of deception and fraud. I feel it to be
my duty, as far as practicable, to prevent any proceeding of this
court from being thus used: and not to suffer the parties by
any contrivance; or by the holding back of any circumstance,
either wilfully or negligently, to make any of the solemn acts of
the court operate perniciously and unjustly upon the rights and
interests of innocent persons.(s) For these reasons therefore I
shall afford the parties an opportunity of rectifying this decree; and
for that purpose stay its execution until further order.

A mere bill of review would not be commensurate to the peti-
tioner's objects; he must therefore be allowed to file such a bill as
will introduce, as parties, all the creditors named in the deed of the
7th April 1810, in such a manner as to bring their interests, in
connexion with those of the present parties, fully before the court.

Whereupon it is ordered, that all further proceedings under the
decree of the second day of May 1825, be and the same are hereby
stayed and suspended until the further order of this court. And
it is further ordered, that the petitioner Benjamin Mullikin have
leave to file a bill, in the nature of a bill of review, as prayed;
whereby he shall make all the parties to the said decree parties to
the said bill, together with the creditors, or their legal representa-
tives, who are named in the said deed of the 7th of April 1810, in
such a manner as to bring the interests of all the said parties, in
the property mentioned in the said deed, fully before the court.
And it is further ordered, that the said Benjamin Mullikin pay unto
the said plaintiff all the costs which have accrued upon his, the
said Mulllikin's, said petition, including this order, to be taxed by
the register.

(r) Finley v. Bank United States, 11 Wheat. 304; Clifton v. Haig, 4 Desau. 330.
(t) Giffbrd v. Hort, 1 Scho. St Lefr. 396, 399.