Corinne Anne Staigg Neagle v. Ruth Dalton Johnson, Harvey Bailie and Lizzie Bailie

This is an action to quiet title. Jurisdiction in the federal courts was based upon diversity of citizenship and the amount involved. It was tried to the court without a jury. Motions for summary judgment were filed by each of the parties. The District Court granted the defendants’ motion for summary judgment. This appeal followed.

The complaint and other pleadings allege diversity of residence instead of diversity of citizenship. That omission was first noticed at the time of the argument in this court. We are, however, convinced, from a consideration of the record as a whole, from the…