Carver v. Jarvis-Conklin Mortgage Trust Co.
U.S. Circuit Court for the District of Eastern Tennessee
This was a suit in equity, brought in a state court of Tennessee, by Sarah E. Carver and another, against the Jarvis-Oo-nklin Mortgage Trust Company and others, to enjoin, on the ground of fraud, the execution of a foreclosure decree rendered by the supreme court of Tennessee, on an appeal. The cause was removed by defendants to this court, and complainants have now moved to remand it.
1Opinion of the Court
SEVERENS, District Judge.
The grounds on which this motion is fotinded by counsel for complainants, are:
First. Because this court has not jurisdiction of the subject-matter of the case. It is urged that the case is of such a character that the court could not take original jurisdiction of it if it had been commenced here, and thex’efore it may not take jurisdiction by removal from the state court. The coxxclusion is sound if the premises are. To determine whether they are so it is necessary to take into view an outline of the bill. It appears from that, that the complainants, who are husband…
2Cases cited16 opinions
- Marshall v. HolmesSupreme Court of the United States · 1891
- Cates v. AllenSupreme Court of the United States · 1893
- Wormley v. WormleySupreme Court of the United States · 1823
- Johnson v. WatersSupreme Court of the United States · 1884
- Barrow v. HuntonSupreme Court of the United States · 1879
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3Cited by4 opinions
- Federal Savings and Loan Insurance Corporation v. Howard B. QuinnCourt of Appeals for the Seventh Circuit · 1969
- MacH v. TRIPLE D SUPPLY, LLCDistrict Court, D. New Mexico · 2011
- Chen v. D'AmicoDistrict Court, W.D. Washington · 2019
- Hobbs v. SantiagoDistrict Court, D. Arizona · 2020