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

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CASES

ARGUED AND DETERMINED

IN THE

United States Circuit and District Courts


Chester v. Chester and others.

(Circuit Court, W. D. Tennessee.April 25, 1881.)

  1. Removal of Causes—Act March 3, 1875—Resulting Trust—Inseparable Controversy.
    A bill in equity to establish a resulting trust in land in possession of a mortgagor, upon facts occurring before the mortgage, to which the mortgagee, a citizen of another state than the plaintiff, is made a defendant, cannot be removed to the federal court on his application, where the mortgagor, being also a defendant, is a citizen of the same state with the plaintiff, the controversy of the plaintiff with either defendant being inseparable from the other.
  1. Same Subject.
    Cases since Judge Dillon's second edition of Removal of Causes cited in a note.

Motion to Remand.

The plaintiff and all the defendants are citizens of Tennessee, except the Life Association of America, which is a Missouri corporation, now dissolved, and represented by W. S. Relfe, its statutory assignee, who is a citizen of Missouri and a substituted defendant. The bill alleges that Robert H. Chester, one of the defendants, was the plaintiff's guardian,

v. 7, no. 1—1