Brayton, a citizen of Texas, was an indispensable party.  The question was raised by a timely motion to dismiss which the Court below denied.  In my opinion, the motion should have been granted and the action should have been dismissed on jurisdictional grounds which confronted the Court below and confront this Court as the first order of business at every stage of the proceedings.


47
The contract sued on was an entire contract signed by Abel and his Trustees as First Parties, and by Clyde E. Brayton, individually, and Brayton Flying Service, Inc.  (by Clyde E. Brayton, President) as Second Parties, and was in the nature of a compromise of disputes then existing between all of the parties.1


48
The 'aforesaid contracts' mentioned in the quotation were the contractin Shields v. Barrow, 17 How. 129, 58 U.S. 129, 15 L.Ed. 158, and its facts bear a sufficient resemblance to those here to warrant quoting some of its language.  Shields, a citizen of Mississippi, had bought a large plantation in Louisiana from Barrow, and had paid nearly half the purchase price when he defaulted on some payments due, and Barrow had sued him for and obtained foreclosure and money judgment.  The proceedings were then compromised by Shields' execution of notes to Barrow with six endorsers.


56
Barrow, a citizen of Louisiana, brought suit after default in payment of the new notes against two of the endorsers residing in Mississippi, but omitted four of the endorsers who were citizens of Louisiana.  The two sued filed a crossbill