Page:Federal Reporter, 1st Series, Volume 5.djvu/17

BÏBEE V. nAWKEïOi 6 �the debts aforesaid "were due for the purchase mphey for said property." The answer of each of the Eobinsons, and that of Haymond and Magruder, denies the allegations of the complaint in this respect, and asserta the integrity. and valid- ity of the mortgage to Eobinson. . �The plaintiff also alleges that the defendants Ha-wkett & Eobinson have taken eut of the mine $3,000 worth ofgold dustwhich theyhave failed to acoount for; but this isdenied by the answer of Eobinson. ( ■ �The defendant Hawkett bas not anewered. He and E. C. and Jesse Eobinson are citizens of California. The plaintiiï and the rest of the defendants, namely, Irwin, Smith, Kubli, Gazley, Fink, Haymond, and , Magruder, are citizens of Ore- gon. �A receiver was asked for and appointed by the state court, and the property is still in his possession. An injunction was also allowed against the Eobinsons. �The complaint asks that an account be taken of the prod- ucts and expense of the mine since August iil, 1878; that the priority of the liens be determined; that said contract be enf orced ; that Hawkett and the Eobinsons be required to pay the debts aforesaid and the costs of this suit, and that in default thereof their interest in the property be sold and the proceeds applied to pay the same according to their priority. �On the argument of the motion the objection that the peti- tion for removal was not filed in time was abandoned. The other grounds of the motion are, in effect, that ail the defendants are not citizens of California, and did not join in the petition for removal; and that the controversy in the suit cannot be determined without the presence of the defendants Magruder and Haymond. �This removal, if sustained, must rest upon section 2 of the act of March 3, 1876, (18 St. 470,) which reads: "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 sum or value of $500, and arising under the constitution or lawa of the United States, or treaties made, or which shall be made, under their ����