Page:Federal Reporter, 1st Series, Volume 8.djvu/667

 W0OLBIDGE V. m'kENNA. 653 �are citizens and residents of the state of Tennessee, " and contains all other necessary jurisdictional averments. The bond for removal is that of Eobert McKenna himself, and is conditioned that he will, "as next friend of Maud B. McKenna, on the first day of the next ses- sion, etc., enter therein a copy of the record of said suit, and appear therein and enter special ball," etc., etc. �Since the transcript was filed in this court the defendant Eobert McKenna, in aid of his petition for removal, and in opposition to the motion to remand, bas filed the following affidavit, viz : �" Eobert McKenna, being duly sworn, says he is the Robert McKenna re- ferred to in this suit, and is the father of Maud B. McKenna, one of the par- ties thereto ; that she, is now between five and six years old ; that he has been living at White's Station, in Shelby county, Tennessee, for the past 19 years ; tliat during the yellow fever epidemie of 1873 the mother of the afflant, and 'his theh wife, died of yellow fever at White's Station; thaE' in 1878, when Memphis andthe surrounding country wasvisited by the yellow fever again, that two children of afliant— being all oi his children except Maud B. Mc- Kenna — also died of yollow fever at White's StaWon'. These two children died September 18 or 19, 1878. A day or two afterwards afliant, with histhen wife, and child, Maud B. McKenna, left the state'ef Tennessee and went to Louis ville, Kentueky, it being the in:tentioi;i of.,all parties that afflant's wife and child should reside permanently in Louisville, afflant being fearfiil that by a continued residence in Shelby county he wbuld lose the remainder of his family.' Afflant expectedjhimself, to returii to Shelby county for the purpose bf trying to disf)ose of the property that his wifeowned;'but expecited biinself, after such disposai, to go to Louisville, Kentueky, to; reside with his family. Ifc was, however, his flrst, intention to remove his wife and child perpianeutly to Louisvilie, Kentueky, when they and hiujself left, Shelby county :Cor that place. After arriving at Louisville, Kentueky, the wife of afflant was taken siek of yellow feyer, contracted at Shelby county, Tennessee, and died of that disease at; Louisville, Kentueky, October 1, 1878. As before stated, onaccount «f the repeated prevalence oi fever in Shelby county, it was afflant's intention to change the residence of his wife and family, and his own, as soon as. possible, and this intention became more flxed, if possible, affer the death of, fais wife. After the death of affiant's wife, a.fflant being then a single man, .was unable to properly take charge of a girl' of the age bf Maud B. McKenna. Afflant therefore placed said Maud B. McKenna with a married sister of his, Mrs. Jane Kirkup. The husballd bf 'Mrs. Jane Kirkup is John Kiikup, and they live in Louisville, Kentueky. By the consent of John Kirkdp and the con- sent of Mrs. Kirkup the said Maud B. McKenna was placed by afflant with them, to live permanently with them in the state of Kentueky. The reasons for so doing are given above. The said. Maud B. McKenna was so placed there with the intention of all parties that she should permanently reside there in the' state of Kentueky, and with no intention of her returning to Tennessee. The said Maud B. McKenna has so continuously resided with Mr. and Mrs. Kirkup. At no timo since then has there been any change ol ��� �