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.)
- 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.
- 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