Waterfield v. Rice
Court of Appeals for the Sixth Circuit
Appeal from the Circuit Court of the United States for the Southern District of Ohio. This is a bill to sell land devised under the will of William Waterfield, for the purpose of enforcing the payment of unpaid installments of an annuity for the life of complainant, the devise being made subject to a lien to secure this annuity. Eleven installments, aggregating §2,750, are averred to be due and unpaid.
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Appeal from the Circuit Court of the United States for the Southern District of Ohio. This is a bill to sell land devised under the will of William Waterfield, for the purpose of enforcing the payment of unpaid installments of an annuity for the life of complainant, the devise being made subject to a lien to secure this annuity. Eleven installments, aggregating §2,750, are averred to be due and unpaid. William Waterfield died August 1, 1888, leaving a last will and testament, which was proven and admitted to probate in the state of Kentucky. It. is also averred that a “duly-certified copy…
1Opinion of the CourtLurton, Circuit Judge
1. Diversity of citizenship exists and furnishes the ground for federal jurisdiction. The bill shows that eleven, installments of the annuity claimed are due and unpaid, so that the amount in controversy is more than $2,000, excluding interest and costs. That some of these installments may be barred by the Ohio statute of limitations, and that this fact may appear upon the face of the bill, does not aifect the fact that the amount sued for exceeds the sum necessary to give the circuit court jurisdiction. The determination of the question as to the application of the statute thus made involves…
2Cases cited1 opinion
- Douglas v. WallaceOhio Supreme Court · 1841
3Cited by4 opinions
- Gardiner v. RoyerCalifornia Supreme Court · 1914
- Martin v. BatteySupreme Court of Kansas · 1912
- Anderson v. AndersonSupreme Court of Iowa · 1944
- Service Finance Corp. v. CoppardCourt of Appeals for the Fifth Circuit · 1940