BINNEY"S CASE. 105

jurisdiction of a court of equity; and next, that the parties to

whom the claim is alleged to belong, and against whom the relief

is, if any, to be granted are all called by it before the court. If

the bill be substantially deficient in either of these particulars, it

may be shewn at any time; either as a ground for dissolving the

injunction, or at the final when the bill may be dismissed

at once, or be permitted to stand over with leave to amend, and

make proper parties, if it may be inferred, from what then appears,

that there are merits which may be brought before the court, (j)

This bill states that the plaintiff, Amos Binney, is seized in his
own right, and as trustee for others, of to which the
irreparable injury complained of is about to be done; that is, Bin-
ney and others complain of an injury threatened, or about to be
done to their property. But who are those others, or cestui que
trusts? They are no where named, or in any manner made parties
to this suit; nor does it appear, whether Binney holds with them
as joint tenants, tenants in common, or, if they hold in severalty,
how their respective parts are situated with respect to each other,
and with respect to the river. Yet, from the nature of the right
claimed, and the injury complained of, as we shall presently see, it
is important, that all this should substantially appear, to enable the
defendant to meet the case with such a defence as the law may
entitle him to make, as well as, that the court should be enabled to
give relief in a manner commensurate to the rights, and suited to
the claims of the plaintiffs respectively, or collectively. The bill
distinctly informs the court, that there are others who have an
interest in the land as well as Binney; and yet it no where names
them. They, therefore, cannot have their interests precluded, or
bound by any decree, as parties to this suit. There are cases in
which a trustee may sue alone; but it is very clear, that this is not
one of them; and that, in this instance, it is indispensably neces-
sary, that the cestui que trusts should be named and made parties.
If they refuse to join Binney as plaintiffs, he may, to obtain the
separate relief to which he is entitled, make them defendants.
This objection might have been waived; and Binney's separate
claim to relief, so far as it could have been shown, or, to a certain
extent, might have been admitted. But upon this occasion, the
defendants have specially relied on this as one of their objections.

By an act of assembly authority was given to create, or call into

(j) Penn v. L. Baltimore, 1 Ves. 446; 2 Mad. Chan. 301.