Page:Federal Reporter, 1st Series, Volume 3.djvu/455

44$ FEDERAL REPORTER. �BuNN, D. J. This action is brought by Stephen Hubbard, residing in Texas, against Patrick Bellew, John J. Marsh, and a Tery large number of other defendants, residing in New York and other states, to foreclose an equitable lien upon land in St. Croix county, in this state, belonging to certain of the defendants. �This motion, founded upon the petition of defendants, ia made for an order dismissing the suit, or staying proceedings therein until another suit brought by certain of the defendants against the plaintiff, relating to the same land, can be deter- mined in the state court. The facts are substantially as follows : John J. Marsh and certain other of the defendants, residing in different states, in 1875 were the owners in sev- eralty of pine lands lying in northern Wisconsin, and em- ployed one Augustus L. Smith, residing at Appleton, astheir agent, to make sales of the lands, and of the timber without the lands, at such priees as he deemed best for bis employers. In August, 1875, Smith, on behalf of said defendants, made a written contract with the defendant Patrick Bellew for the sale of a quantity of land in St. Croix county. By its terms Bellew was to build and maintain a steam saw-mill, worth $9,000, on one of the forties of land to be selected by him, and the title to that forty was to be conveyed to Bellew in fee. Bellew was to bave the right to make a first mortgage of the mill and 40 acres, in the sum of $6,500 to a third party, to raise money to build and equip the mill. After the first mortgage was given Bellew was to execute a second mort- gage of the mill forty, to the owners of the land sold, to secure the purchase money. In consideration of the building and maintaining of the mill the owners of the land agreed to seU him certain pine from certain other lands therein described. Title to the lands was to be conveyed in fee to Bellew as fast as paid for. �Bellew went on and built the mill, and for that purposa borrowed $6,500 of Hubbard, as provided in the contract. The agreement for the advance of this money was made before the written agreement for the building of the mill and ohe sale of the lands; and, it is alleged, was known to the parties to the ����