Federal Procedure at Law

798. Same Nature of case must appear from plaintiff's statement
of his own claim, or it cannot be removed,
799. Same-Same-When defendant is a federal corporation, ....
800. Same Same Suit against receiver appointed by federal
court not removable,

801. Same-All defendants must join in the application for re
moval,

802. Removal of suits between citizens of different states,

803. Same Statutory provision,

804. Same-When diversity of citizenship must exist,

805. Removal of suits between citizens and aliens,

573

.....

806. Removal on ground of "separable controversy,"

807. Same "Separable Controversy" defined, ....

808. Same Same-Action of tort against several defendants,
809. Same-Same-Same-Right of state to regulate action for

810. Same-Removal on this ground carries entire suit,

811. Removal on the ground' of prejudice or local influence,
812. Same-No removal unless suit could originally have been
brought in the circuit court,

813. Same-None but defendants can remove,

814. Same-Removal not allowed as between defendants.

815. Same-Application must be made to federal circuit court-

816. Same Statutory jurisdictional amount must be involved,

817. Procedure to remove causes-Petition and bond-When to

be filed,

582

583

818. Same-Application must be made when plea is due,

819. Same-Same-When suit becomes a removable one after plea

820. Same-What petition for removal should state,

821. Same-Issues of fact must be tried in the circuit court,

822. Same-What citizens of same state claim land under grants

823. Procedure for the removal of causes on the ground of prej-

udice or local influence,

586

......

824. Same-Judicial inquiry into the facts,

586

§ 825. Remanding causes to the state courts,

826. Same-Effect of this legislation,

827. Same-Remanded because not removed within time allowed
by law,

828. Removal of suits against persons denied civil rights,

829. Removal of suits against revenue officers,

830. Same-Prosecutions of crimes against the states belong to

their courts-Exceptions,

590

CHAPTER XVII.

THE DISTINCTION BETWEEN LAW AND EQUITY AND LEGAL

AND EQUITABLE REMEDIES PRESERVED IN

THE FEDERAL COURTS.

(a) STATEMENT OF THE GENERAL DOCTRINE.

831. The judicial power of the United States embraces three

classes of cases,

593

.....

832. The distinction between law and equity and legal and equi-
table remedies established by the constitution,

833. The distinction between legal and equitable remedies is

one of substance,

834. The rule requiring legal and equitable remedies to be sep-

arately pursued not changed by federal adoption of state

procedure in actions at law,

593

......

835. Same-Action of assumpsit or debt on simple contract and

creditor's bill cannot be blended in one suit in the fed-

eral courts,

836. Same-Actions at law cannot be brought in federal equity,
nor legal and equitable claims blended in one suit,
837. Same Same Jury summoned to try issues in chancery not
the equivalent of constitutional right of trial by jury in
a court of law,

838. Same Same-Bill in equity to remove cloud not maintain-

able when plaintiff has legal title and defendant is in pos-

session,

839. Same Same-Same-When the lands are wild and unoccu-

pied,

598

......

840. Assignee of chose in action cannot without "special circum-

stances" sue in equity to collect it, .....

598

841. Equity no jurisdiction of a naked accounting of profits and

damages against infringer of patent,

842. A proceeding to assess damages for taking private property

for public use cannot be joined with a proceeding to en-

join the taking,

599

843. Federal courts have no jurisdiction of a bill in equity in

cases of fraud to recover damages,

599

844. Federal courts sitting as courts of law cannot entertain suits

in equity,

599

§ 845. Same-Mechanic's lien cannot be enforced in an action at

law in the federal courts,

600

.....

846. Same-Suit to enjoin collection of taxes in state of Loui-

siana,

600

847. Equitable defenses cannot be interposed to actions at law, ..

848. Same-Equitable set-off cannot be interposed as a defense to

600

an action at law, ....

601

849. Federal courts will enforce new equitable rights created by

state statutes-Limitation upon the rule, ...

850. Same-Whether a case is one of common law or equitable

cognizance determined by its essential character,

851. A federal court sitting in equity has no jurisdiction of the

common law action of assumpsit,

.....

852. Legal defenses to purely legal demands cannot be availed of

by bill in equity, ...

603

853. Same-Bill in equity will not lie to cancel life insurance

......

policy for fraud, after death of cestui que vie, .....

854. Same-Action at law on municipal bonds not enjoined on

ground of fraud,

604

605

855. Same-Action of ejectment not enjoined upon the ground

that plaintiff's muniments of title are void,

605

(b) SUITS TO RECOVER LAND.

856. Federal courts have no jurisdiction of suits in equity to re-
cover land, ....

857. Same-Ejectment bill not aided by prayer for an account-

ing, ...

858. Same Ejectment bill cannot be maintained upon an equi-
table title,

859. The legal title necessary to maintain the action of eject-

ment,

860. Same-No exception' to the rule at common law-Lord Mans-

field's doctrine based upon the presumption that legal es-

tate had been conveyed to the equitable owner,

862. Same-Same-Same-Lord Mansfield's doctrine followed in

the federal courts,

609

863. Patents issued by the United States are conclusive evidence

of the legal title,

611

864. Same-Jurisdiction of the land department,

612

865. Patents necessary to convey legal title under swamp land

act of 1850,

612

866. Exceptions to the rule requiring patent to convey the legal

title to public lands,

613

867. Void patents may be collaterally attacked,

614

868. Ejectment not maintainable on certificates of registers and

receivers of the government land offices-Statutes of Ar-

kansas and Nebraska,

615

........

§ 869. Mississippi statute declaring that land office certificates shall
vest legal title-Not binding on Federal courts,

870. Ejectment not maintainable in the Federal courts sitting in

California on certificates of land purchase issued by that

state,

615

616

.....

871. Ejectment not maintainable in the Federal courts on land

certificates, location and survey issued and made under

the laws of Texas,

872. Ejectment maintained in the Federal courts in Pennsylvania

on warrant and survey,

617

....

618

873. Ejectment maintained in the Federal courts on prior posses-

sion, .....

619

874. Ejectment maintained in the Federal courts on legal title

by estoppel,

620

875. Plaintiff could not recover in ejectment at common law

upon a title which did not subsist in him at the com-

mencement of the action,

621

876. Equitable titles cannot be interposed as a defense to the ac-

tion of ejectment, ...

621

877. Same Title-bond and purchase money paid,

622

878. Same-Defendant not allowed to prove that patent was is-

sued through mistake-Bagnell v. Broderick,

879. Same-Defendant not allowed to prove elder patent was

622

founded on junior entry-Robinson v. Campbell,

880. Same-Defendant not allowed to show fraudulent survey,

881. Equitable estoppel may be set up at law as a defense to an

882. Whatever tolls plaintiff's right of entry will defeat the ac-

tion of ejectment,

624

883. Cross bill in equity not maintainable to recover land on a

legal title, ...

624

CHAPTER XVIII.

SUITS AT COMMON LAW IN THE CIRCUIT COURTS OF THE

UNITED STATES.

625

884. The primary object of this work, ....

885. The object of this chapter is to define suits at common law, 626

886. Same-A knowledge of the scheme of the government essen-

tial to an understanding of jurisdiction and procedure,

887. Same Principles established in the previous discussion-

Three classes of cases-Distinction between law and

equity,

627

629

888. A summary of the common-law jurisdiction of the circuit

courts, concurrent with the courts of the several states, ..

889. Summary of the common-law jurisdiction of the circuit

courts under special statutes,

630

631

890. Standard or rule for the classification of suits as being at

law or in equity,

632

$ 891. Suits at common law defined,

638

.....

892. Same-Embraces all suits to settle legal rights,

893. Important features of trial at common law,

894. Classification of suits at common law,

633

634

895. Same-Classification of contracts at common law,

634

890. Actions at law are local or transitory,

635

897. Same-Distinction preserved in the federal courts,

898. Parties to actions at law,

636

......

919. Same-Authority of federal courts to issue,

648

920. Proceedings to condemn property for public use,

648

CHAPTER XIX.

THE BASIS OF PROCEDURE IN SUITS AT COMMON LAW IN THE
CIRCUIT AND DISTRICT COURTS OF THE UNITED STATES
-LIMITATIONS UPON THE OPERATION OF "THE ACT OF
CONFORMITY."

921. The complex basis of federal procedure at law,

651

922. Same-Common law principles confirmed in the federal con-
stitution,

651

923. The conformity act-Its language,

652

924. Same-The act restricted in its operation-Popular error con-
cerning it, ....

653

925. Same-Must be construed in the light of the federal constitu-
tion and laws,

653

926. Same Power of the federal courts to reject subordinate pro-
visions of state procedure "As near as may be,"

654

927. Same-Purpose of the act,

654

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