Squire v. Robertson

Citations

• 191 F. 733
• 1911 U.S. App. LEXIS 5538

Syllabus

<p>1. Goubts (§ 328*) — -Jubisdictton of Fedebal Coukts — Amount oe Value in Dispute.</p> <p>A suit based on a contract for the sale of land by complainant to defendant to he paid for in installments, in which complainant alleges payment of certain installments and nonpayment of others due, and prays that the court ascertain the amount due and to become due thereon and fix a time for its payment, in default of which defendant “be foreclosed of all right or title to, interest in, or lien upon said land,” is not one of foreclosure in the ordinary sense to enforce payment of a debt secured by a lien, by taking and selling the property, bnt one to determine the legal and equitable rights of the parties in the land, and the amount or value involved, for the purpose of determining the jurisdiction of a federal court, is not the amount due on the contract, but the value of the land, which is the subject of the suit.</p> <p>[Ed. Note. — For other cases, see Courts, Cent. Dig. §§ 899-896; Dee. Dig. § 328.*</p> <p>Jurisdiction of Circuit Courts as determined by the amount in controversy, see notes po Auer v. Lombard, 19 C. C. A. 75; Tennent-Stribling Shoe Co. v. Roper, 36 C. C. A. 159; O. G. Lewis Mercantile Co. v. Klepner, 190 C. C. A. 288.]</p> <p>2. Wobds and Piteases — “Fobeclose.”</p> <p>To “foreclose” means to shut out, to bar.</p> <p>(Ed. Note. — For other definitions, see Words and Phrases, vol. 3, p. 2878.]</p>