Laidly v. Huntington
| Decision Date | 04 April 1887 |
| Parties | LAIDLY v. HUNTINGTON and others |
| Court | U.S. Supreme Court |
J. F. Brown, for appellant.
No brief filed for appellee.
This is a suit begun by Vesta Laidly, a citizen of West Virginia, the widow of Albert Laidly, deceased, on the twentieth of December, 1881, in the circuit court of Cabell county, West Virginia, against C. P. Huntington and Elizabeth Huntington, his wife, citizens of New York, and the Central Land Company, a West Virginia corporation, for an assignment of dower in certain land in that county conveyed by and for Albert Laidly to C. P. Huntington, and afterwards by Huntington, during the life of Laidly, to the land company, in whose possession it was, under that conveyance, when the suit was begun. The prayer of the bill is (1) for an assignment in money, to be estimated according to the valuation of the land at the time of the alienation, or, if that cannot be done, then (2) in land. Attached to the bill as exhibits are copies of the deeds under which the conveyances were made to Huntington, two of which purport to have been executed by Laidly and his wife, and a third by another person who held title for Laidly. In addition to these exhibits there is a copy of the deed by Huntington and wife which purports to convey all the land to the land company.
To this bill a joint demurrer was filed by Huntington and wife, May 22, 1882, and a separate demurrer by the land company. The ground of each demurrer is that the bill is not sufficient in law. On the twenty-sixth of the same month of May these demurrers were argued and overruled by the court, 'but without deciding upon the sufficiency of the acknowledgments to the several exhibits filed with the bill.' Thereupon Mrs. Laidly moved the court to dismiss the suit as to Huntington and wife, to which they objected. This motion was argued on both sides and submitted, but, before a decision was reached, Huntington and wife presented their petition for the removal of the suit to the district court of the United States for the district of West Virginia, sitting in Charleston, having circuit court powers, on the ground 'that there is a controversy in said suit which is wholly between citizens of different states, namely, between your petitioners, who are defendants in said suit, and the plaintiff.' After the presentation of this petition, the suit was docketed in the district court upon an order to that effect made by that court, November 1, 1882. On the...
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