Weldon v. Fritzlen

Citations

• 128 F. 608
• 1904 U.S. App. LEXIS 4703

Syllabus

<p>1. Removal oe Causes — Single Controversy.</p> <p>An action in a state court, brought by a mortgagee against Ms mortgagors and their creditor, claiming a mortgage lien on the property to obtain a decree foreclosing his mortgage, fixing the amount of the mortgage debt due and unpaid, adjusting the liens upon the property, and adjudging their priority, presents but a single controversy.</p> <p>2. Same — Diverse Citizenship.</p> <p>In such suit or action, when the plaintiff and defendant mortgagors are citizens of the state in which the suit is brought, and the creditor of the mortgagors claiming a mortgage lien on the property is a citizen of another state, such mortgage creditor cannot, by a rearrangement of the parties to the controversy, or otherwise, upon the ground of diverse citizenship of the parties, remove the case into the federal court.</p> <p>3. Same — Prejudice.</p> <p>Neither can such suit be removed into the federal court by the nonresident mortgage creditor of his codefendant mortgagors on the ground of prejudice and local influence.</p> <p>(Syllabus by the Court;)</p>