Cable v. Ellis - 110 U.S. 389 (1884)
U.S. Supreme Court
Cable v. Ellis, 110 U.S. 389 (1884)
Cable v. Ellis
Submitted January 14, 1884
Decided February 4, 1884
110 U.S. 389
After a suit in equity involving title to real estate and priority of lien had been long pending in a state court, and the highest court in the state had decided some of the points in controversy, and had remanded the cause to the court below to have other issues determined, A became interested in the property by grant from one of the parties to the suit, and intervened in it by leave of the state court to protect his rights at a time when the right of removing the cruse from the state court to the federal court had expired as to all the parties. Held that under the circumstances, the intervention of A was to be regarded as incident to the original suit, and that he was subject to the disabilities resting on the party from whom he took title, and that the time for removal having expired before he intervened, his right of removal was barred by that fact.
Bill in equity to determine priority of liens upon real estate in Illinois and for other relief. The only question decided was as to the right of removal of the cause from a state court to a circuit court of the United States. The facts which make up the case are stated in the opinion of the Court.