Font v. Gulf State Land & Improvement Co.

The opinion of the court was delivered by

Miller, J.

The plaintiffs, heirs of Louis P. Bundy, bring the petitory action for land acquired by him in 1837. The defendant, a Mississippi corporation, claimed the removal of the suit to the United States Circuit Court, which application being denied by the lower court, the defendant, under reservation of his asserted right to remove, filed an answer. There was judgment of the lower court in plaintiffs’ favor and defendant appeals.

It is urged the lower court erred in refusing the removal. The act of Congress on this subject requires that the defendant…