Page:Federal Reporter, 1st Series, Volume 1.djvu/376

 868 TEDEBAL BBPOBTEB. �izen of the state of New York, and vas made a party to the Buit, that he might be decreed to deliver over to the com- plainant the custody and possession of the mortgage and bond and assignments, which, it was alleged, he had unlawfully retained after his transfer of the samp to the complainant, The bill contained the prayer that if the said complainant should f ail to get the possession of the bond, mortgage and assignments, the said bond and mortgage might be foreclosed without Buch possession, and proof made of the amount due thereon. The other defendants were made parties, either because they had become purchasers of some portion of the mortgaged premises, subject to the lien of the mortgage, or because they were the judgment creditors of Elisha Ruckman, and had attached bis right and interest in the mortgage by proceedings in foreign attachment, by virtue of which they claimed to bave a lien upon the mortgage debt. �The petition foi- the removal of the cause into this court was filed by the defendant Elisha Euckman under the sec- ond section of the act of congress of Mareh 3, 1875, which provides "that any suit of a civil nature, at law or in equity, now pending or hereafter brought in any state court, where the matter in dispute exceeds, exclusive of costs, the Bum or value of $500, * * * • in which there shall be a controversy between citizens of different states, * • * • either party may remove said suit into the circuit court of the United States for the proper district. And when, in any Buit mentioned in this section, there shall be a controversy which is wholly between citizens of different states, and which can be fully determined as between them, then either one or more of the plaintiffs or defendants, actually interested in such controversy, may remove said suit into the eiicuit court," etc. �It will be observed that there are two clauses to this sec- tion, the first having referenc.e to a suit in Tyhich there is a controversy between citizens of, different states, and the second to a suit in which there is a controversy which la wholly between citizens of different states, and whioh can be fully determined as between them. A suit of the first ��� �