KELLAM V. KEITH
| Decision Date | 11 April 1892 |
| Court | U.S. Supreme Court |
APPEAL FROM THE CIRCUIT COURT OF THE
UNITED STATES FOR THE DISTRICT OF KANSAS
On the authority of Stevens v. Nichols, 130 U. S. 230, Jackson v. Allen, 132 U. S. 27, and La Confiance Compagnie v. Hall, 137 U. S. 61, the decree below in this case is reversed and the cause remanded with directions to
remand it to the circuit court, it not appearing in the record that the diverse citizenship which was the cause of removal from the state court existed at the commencement of the action.
In such case, the appellees are entitled to their costs in this Court and in the circuit court.
This was a suit for the cancellation of a deed and to compel a reconveyance of land commenced in the District Court of Shawnee County in the State of Kansas. The complaint did not disclose the citizenship of the parties. The defendants, before pleading, presented a petition as follows for the removal of the cause to the circuit court of the United States:
After removal, the circuit court ordered the pleadings to be recast, whereupon the plaintiff filed a bill in equity in which the parties were described as follows:
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