Day v. Oatis

Citations

• 85 Miss. 128

Syllabus

<p>1. Federal Courts. Removal of causes. Actions removable. Cancelling clouds on title.</p> <p>A suit to remove clouds from title to land is not within the exclusive jurisdiction of the state court, and may be removed, the citizenship of the parties justifying it, into the federal court.</p> <p>2. Same. Petition for removal. Demurrer.</p> <p>Where the complainant demurred to the defendant’s petition to remove the cause to the federal court, he thereby admitted the truth of the petition, and cannot upon appeal justify a judgment denying the removal by reference to the evidence.</p> <p>3. Same. Diverse citizenship.</p> <p>The diverse citizenship which must exist both at the time an action is begun in the state court and at the time a petition for removal is filed, in order to entitle the petitioner to have the cause removed, is a diversity of citizenship existent in fact, and not one merely shown to exist from the pleadings.</p> <p>4. Same. Disclaimer of interest by resident.</p> <p>Where a suit to remove a cloud from complainant’s title is brought against a resident and a non-resident, and the resident disclaims interest, thereby retiring from the suit, the nonresident may procure the removal of th'e cause to the federal court.</p>