Page:Federal Reporter, 1st Series, Volume 7.djvu/13

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CASES �AEGUED AND DETBEMINED ���m THB ���Hmtetl J^fate (Riumimi ifef rirf ema^ ���Ghesteb V, Chesteb and others. {Circuit Court, W. D. Tennessee. April 25, 1881.) �1. Rbmoval OB' Catjseb— AcT Mabch 3, 1875— REsuLTnsTGTKUsr— Insep- �arable CoNTKOVERSy. �A bill in equity to establish a resulting trust in land in possession of a mortgagor, upon facts occurfing before the mortgage, to which the mortgagee, a, citizen of another state than the plaintifl, is made a defendant, cannot be removed to the federal court on hJs applica- tion, where the mortgagor, being also a defendant, is a citizen of the same state with the plaintiS, the controversy of the plaintifl with either defendant being inseparable from the other. �2. BaME StTBJECT. �Cases since Judge Dillon's second edition of Kemoval bf Causes cited in a note. �Motion to Eemand. �The plaintiflE and all the defendants are citizens of Ten- nessee, except the Life Association of America, whieh is a Missouri corporation, now dissolved, and represented by W. Sv Eelfe^ its statutory assignee, who is a citizen of Missouri and a substituted defendant. The bill alleges that Eobert H. Ohester, one of the defendants, was the plaintiff's guardian, �v.7,no.l— 1 ���# ^ ��� �