First Security Trust Co. v. Henderson

The petition for removal to the District Court of the United States for trial was properly denied. The petitioner first asserted in his answer that the validity of the Higgenbotham assignment would be “contested herein, if permitted by the court.” Such permission was granted, without prejudice to either of the contestantsUo file additional pleadings and to make appropriate motions in the cause. The authority to determine the validity of a written instrument, as well as its meaning, is contained in the Declaratory Judgment Act. G. S., 1-254. Thus, having invoked the jurisdiction of the court…