Page:Federal Reporter, 1st Series, Volume 7.djvu/277

 COOKE V. SELIGMAN. 565 �such eontroversy is the only controversy there is in the suit. The petition for removal makes out a case under said first clause, although it may be framed so as to attempt to make out, also, a case under the second clause of the same section. It is alleged that there are certain defects on the face of the petition and the bondwhich invalidate the removal. The petition in the body of it purports to be the petition of all of the defendants, except Wostenholme, by the same names and designations as set forth in the caption or title of the suit in the summons and in the complaint in the state court. In such caption or title, among the names of the defendants are these : �"James M. Brown, John Crosby Brown, Howard Potter, and John S. Schultze, as they are the qualifled executors of the last will and testament of James Brown, deceased." �An aggregation or list of the names of the defendants is not found in any place in the summons or complaint, except in such caption or title. The complaint states— ' �That James Brown, by his will, appointed "the defendants James M. Brown, John Crosby Brown, Howard Potter, and John S. Schultze," with two other persons, " his executors," and that letters testamentary were issued " to the defendants James M. Brown, John Crosby Brown, Howard Potter, and John S. Schultze, as the qualified executors of the last will and testament of the said James Brown, deceased." �The petition is preceded by the title or caption of the suit, �giving the name of the plaintiff and the names of all the �defendants, and in it, among the latter — �"James M. Brown, John Crosby Brown, Howard Potter, and John S. Schultze, as they are the qualified executors of the last will and testa- ment of James Brown, deceased." �The petition states — �" That the controversy in said suit is between foreign citizens or subjects,. and citizens of different states of the United States;" that of the defend- ants, sundry ones named, and among them "John Crosby Brown, individ- ually, [he being named by that designation as a defendant in the title to- the summons and in the title to the complaint and in the title to the- petition, and as a petitioner in the list of petitioners in the beginning of the body of the petition,] and James M. Brown, John Crosby Browt,. and Howard Potter, as they are the qualified executors of the last 'will and testament of James Brown, deceased, were each and all at the timo of the commencement of this suit, and still are, citizens of the state of ��� �