Carothers v. McKinley Mining & Smelting Co.

(orally). This suit was brought in the state court. Thereafter, upon the application of nonresident defendants, it was removed to this court. Plaintiff moves to remand the cause to the state court on the ground that this court is without jurisdiction to hear and determine the cause. The legal phase of the questions raised by the motion calls for a brief statement of the nature of the suit as gleaned from the complaint and matters set forth in the petition for removal.

The suit is in the nature of a bill to quiet title to the “Pair Play,” .formerly called the “Saxton,” mining claim, situate in…