Davis v. Lacy

FORD, Chief Judge.

This action was instituted by a petition in equity originally filed in the Circuit Court of Carroll County, Kentucky. The requisite amount being in controversy, the defendants invoked jurisdiction of this Court by appropriate removal procedure on the ground of diver sity of citizenship of the parties. 28 U.S.C.A. §§ 1441-1446.

The plaintiff seeks to recover her down payment made under a contract for the purchase of real estate, which contract was not consummated.

By counterclaim, the defendants, the sellers of the property, seek to retain out of the purchaser’s payment the…