FIRST BAPTIST CHURCH OF TAFT v. SOUTHERN MORTGAGE CO.

No. 42.

39 F.2d 246 (1930)

FIRST BAPTIST CHURCH OF TAFT v. SOUTHERN MORTGAGE CO. et al.

District Court, S. D. Texas, at Corpus Christi.

February 17, 1930.


Attorney(s) appearing for the Case

Boone & Savage, of Corpus Christi, Tex., for plaintiff.

John C. North, of Corpus Christi, Tex., for defendants.


HUTCHESON, District Judge.

The plaintiff moves to remand on the ground that the action is one and indivisible to remove cloud upon and quiet title to its property, and to determine the validity and position of conflicting lien claimants, and that, though the answers do present separate defenses, there is within the meaning of the law no separable controversy here.

It seems to me that plaintiff is correct. Certainly the philosophy of the statute (28 USCA &...

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