Sterl v. Sears

DOOLEY, District Judge.

The plaintiffs own and sue defendant for possession of a section of land alleged to be worth $40,000. Diversity of citizenship is alleged. The defendant has filed a motion to dismiss saying that the amount actually in controversy is less than $3,000, exclusive of interest and costs.

The parties, when said motion was heard, stipulated that the plaintiffs own the fee title to said land and that said title is not an issue-herein, but that the defendant only claims a tenancy, so that the controversy is confined to the right of possession. The defendant had the land leased…