U.S. Supreme Court
Carnochan & Mitchel v. Christie, 24 U.S. 11 Wheat. 446 446 (1826)
Carnochan & Mitchel v. Christie
24 U.S. (11 Wheat.) 446
An award must decide the whole matter submitted to the arbitrators; it must not extend to any matter not comprehended in the submission, and it must be certain, final, and conclusive of the whole matter referred.
Where the arbitrators determined that the plaintiff's should be entitled to a credit of a certain sum on account of sales of land to the defendant, provided "they shall grant or cause to be granted to the said W.C. [the defendant] a clear unencumbered, and satisfactory title" to the lands, without limiting any time within which the title should be made, held that the award was void as not being final and conclusive.
A court of equity either enforces an award as it is made or sets it aside if in any respect defective, but it is contrary to its practice to confirm the award so far as it extends and to supply omissions by decree of the court.
Where a bill is filed to set aside an agreement or conveyance, the conveyance cannot be established without a cross-bill filed by the defendant.