Circle Fisheries Co. v. Seabrooke

BURNS, District Judge.

The complaint filed affirmatively shows that there is no diversity of citizenship, and that legal title to the property in question, an oil screw vessel named “Jackie Lee” still in the possession of plaintiff, has passed to defendant, by virtue of a bill of sale given defendant by the president of plaintiff. Plaintiff seeks cancellation of the bill of sale and -reconveyance to plaintiff.

The motion of defendant to dismiss the complaint for lack of jurisdiction must he granted. As is pointed out in The Captain Johnson, D.C.D.N.J.1946, 64 F.Supp. 559, the legal title to the…