Ayres v. Wiswall

Citations

• 112 U.S. 187
• 5 S. Ct. 90
• 28 L. Ed. 693
• 1884 U.S. LEXIS 1868

Syllabus

<p>In a proceeding commenced in a State court to foreclose a mortgage, which prays judgment that the mortgage debtors be adjudged to pay the amount found due on the debt, and in default thereof that the property be sold, a mortgage debtor who has parted with his interest in the property subject to the debt (which the purchaser agreed to assume and pay), is a necessary party to the suit ; and if he is a citizen of the same State with the mortgagees, or one of them, the suit cannot be removed to the Circuit Court of the United States under the provision of the first clause of § 2, act of March 3, 1875, 18 Stat. 470.</p> <p>The filing of separate answers by several defendants in a suit for the foreclosure of a mortgage, which raise separate issues in defending against the one cause of action, does not create separate controversies within the meaning of ’ the second clause in § 2, act of March 3, 1875, 18 Stat. 470.</p>