Page:Federal Reporter, 1st Series, Volume 2.djvu/625

 618 TEDEBAIi BEFOBTEB. �Davis v. James and others. (Cfireuit Oowt, JT. D. Mlinoia., 1880.) �Fbdebai, Coubt—Jukisdiction— State Btatutb dirbctino that Action shall bb m Statb Coubt. — The fact that a state statute may provide that ail actions of a particular chara6ter arising within its limita sball be brought in a certain state court, will not afEect the juris- diction of federal courts in sueh actions, otherwise competent. �Bamk — Samb — Same. — A state statute provided that guardians might be licensed to mortgage the estate of their wards, but that foreclosure of such mortgages should only be made by petition to certain atate courts. Sdd, that mortgagee waa not thereby precluded from bringing action for the foreclosure of such mortgage in the federal courts, the citizenship of parties and amount involved^being sufflcient to confer jurisdiction. �Dyee, D. J. This is a bill to foreclose two trust deeds, and the case bas been heard upon a plea to the jurisdiction of the court. It appears from the bill and pleas that on ap- plication to the county court of this county by the defend- ant James, as guardian of the minor heirs of Eobert D. McFarlane, deceased, he was duly authorized by that court to borrow the sum of $50,000, in ail, for the purpose of erect- ing buildings on the premises in question; and, to secure such loans, was further authorized to execute mortgages or trust deeds upon the premises; and pursuant to such order the guardian borrowed $40,000 from complainant in 1873, and $10,000 in 1874, And in his capacity as guardian the defendant James executed to complainant his promissory notes for the sums so borrowed, together with trust deeds on the real estate, to secure the payment of such notes. The pleas allege that these trust deeds were executed solely under the authority of the state statnte, and the order of the county court acting in pursuance of such statute, and that the com- plainant, when he made the loans, had knowledge of such fact, and of the provision of the statute under which a guard- ian of minors may be empowered to execute trust deeds or mortgages. The point raised by the pleas is that these trust deeds can only be foreclosed in the county court which authorized this execution. The statute provides that the ����