Brock v. Doyle

Mr. Justice ‘Westcott

delivered the opinion of the court.

In this case, a petition for partition by the respondents of real estate, in wThich it was alleged that the parties were tenants in common, a petition for removal of the cause to the courts of the United States upon the ground of prejudice and local influence, was filed after answer by defendants. This matter concerns the jurisdiction of the State court, and must be first disposed of. Under the act of Congress regulating the subject such a right is given under circumstances named therein, where the suit in the State court is between a…