United States Supreme Court Cases & Opinions

U.S. Supreme Court

Rand v. Walker, 117 U.S. 340 (1886)

Rand v. Walker

Submitted March 2, 1886

Decided March 22, 1886

117 U.S. 340

Syllabus

A bill for the assignment of dower brought in a state court alleged that A, one of the defendants, in purchasing the property, acted as agent and trustee of B, and took and held title to the joint use and benefit of himself and B. The complainant and B were citizens of the same state; A was a citizen of a different state. The answers took no notice of these allegations. Held that the petition of A to remove the cause to the Circuit Court of the United States should be denied, as B was a necessary party to the suit.

The right to take steps for the removal of a cause to a circuit court of the United States on the ground of a separable controversy is confined to the parties actually interested in such controversy.

After removal of a bill in equity from a state court to a circuit court of the United States on motion of one of the respondents, the complainant filed a cross-bill alleging that a judgment, obtained in the circuit court in a suit in which she was not a party, after the removal, had been obtained collusively and did not conclude her. Held that this presented no reason why the cause, having been improperly removed, should not be remanded.

The case is stated in the opinion of the Court.