Elkins v. Howell

Citations

• 140 F. 157
• 1905 U.S. App. LEXIS 4778

Syllabus

<p>'.1. Removal of Causes — Separable Controversy — Allegations of Bill.</p> <p>The question whether there is a separable controversy in a suit in equity, within the meaning of the removal statute (Act March 3, 1887, e. 373, 24 Stat. 552, § 2, as corrected by Act Aug. 13, 1888, c. 866, 25 Stat. 433 [ü. S. Comp. St. 1901, p. 509]), is to be determined from the allegations of the bill alone, which, for the purpose of a motion to remand, are taken as confessed, and independent of any allegations in the petition for removal or of answers filed after removal.</p> <p>[Ed. Note. — For cases in point, see vol. 42, Cent. Dig. Removal of Causes, § 115.</p> <p>Separable controversy, ground for removal of cause to federal court, see notes to Robbins v. Ellenbogen, 18 O. C. A. 86; Meeke v. V¿lleytown Mineral Co., 35 C. C. A. 155.]</p> <p>:2. Same — Suit for Specific Performance.</p> <p>In a suit by a purchaser to enforce specific performance of a contract for the sale of lands, against the vendor and grantees to whom he conveyed the land subsequent to the contract with complainant, but before it was recorded, there is a separate controversy with such grantees,, involving their right to hold the land as against the complainant, which gives them the right to remove the cause, where they are nonresidents and the requisite amount is involved.</p>