Chappell v. Waterworth

Citations

• 155 U.S. 102

Syllabus

<p>Under the acts of March 3, 1887, c. 373, and August 13, 1888, c. 866, a case (not depending on the citizenship of the parties, nor otherwise specially-provided for,) cannot tie removed from a state court into the Circuit Court of the United States, as one arising under the Constitution, laws or treaties of the United States, unless that appears by the plaintiffs statement of his own claim; and, if it does not so appear, the yvant. cannot be supplied by any statement in the petition for removal or in the subsequent pleadings.</p> <p>An action of ejectment, brought in a state court between two citizens of the same State, in which the declaration merely describes the land and alleges an ouster of the plaintiff by the defendant, cannot be removed into the Circuit Court of the United States upon the petition of the defendant, setting forth that the United States own and hold the land for a iiglit-house, and have appointed him keeper thereof.</p>