46 FEDERAL Rnponrnlz. _
rupt, ceased, to pertain to his estateyand ceaseditogbe under con-
trol of. the bankrupt court, just as much as it would have passed out
ofthe jurisdiction of any other court that might have had judicial
possession of it, and ordered and completed its sale.
Can it be pretended that an admiralty court, after having posses-
sion and control of a ship, and after selling it free and _clear of all
liens, as against all the world, can prevent parties with alleged liens
pursuing the ship in the hands of the purchaser in any other courts;
or that a probate court, having the exclusive control and jurisdiction
of a rninor’s property, can protect it, after sale, from alleged mort·
gages and liens ? It would seem immaterial whether the debts, which
are the basis of the alleged liens claimed by defendants, were the
debts of the bankrupt Weaver or not; but, in fact, they are not his
debts, but the debts of strangers to the bankruptcy, and were not
provable in said bankruptcy, although the liens might have been
allowed therein. The views of this case, as herein expressed, or
others leading to the same conclusions, were undoubtedly entertained
by thelearned judge presiding in the district court who decided the
case adversely to the pretensions of the plaintiff. n »
j Let a decree be entered aflirming the decree of the district court. _i
Foorn and others v. Cunsmn Mmruo Co. and others
‘ (Circuit Court, D. Colorado. June 2S, 1883.)
1. Burr nr Srocnnornnns-Pnnrusqursmas.
Before a stockholder can sue in his own name he must show to the satisfac-
tion of the court that he has exhausted all the means within his reach to obtain
within the corporation itself the redress of his grzevances, or action in conform-
ity to his wishes. . `
2. S.uru··-Btu. ntusr Snow, Wnsr.
V ln such a case the bill must set forth with particularity the efforts of the
plaintiff to secure such action as he desires on the part of the managing direct-
ors or trustees, and, if necessary, of the shareholders, and the causes of his fail-
ure to obtain such action. r {
3. SA)IE—1)ROBABLE Rzrusu. on Conrousrron ·ro Acr.
It is not enough that it appears from the bill that the corporation would
probably refuse relief. The rule is imperative that efforts should be made to
obtain relief in that direction before suit can be instituted by a stockholder.
* V In Equity. Demurrer to the bill. T v A ~ J
Bentley ct} Valle, for plaintiffs. · _ _ e
Decker c6 Youley, for defendants. V .
MCCPARY, J., after stating the facts, delivered the opinion of the
court, orally, as follows: - _ _ . .
The demurrer to the bill will have to be sustained. It is apparent
that this is a suit brought in the interest ofthe Amulet Mining Com-
pany, a corporation. It is brought by the stockholders of that cor-