Henry E. Rubelt, by Raymond Edward Ashby, His Grandson and Next Friend v. D. O. Bybee and W. A. Bybee

The action below was brought by Ru-belt as plaintiff through his next friend against the defendants-appellees seeking to cancel and annul on the ground of fraud a certain lease and option agreement between the parties. Jurisdiction was predicated upon an alleged diversity of citizenship between Rubelt, a citizen of Idaho, and the two defendants Bybee alleged to be citizens of Oregon.

The answer denied that the defendant D. O. Bybee was a citizen of the State of Oregon and alleged that he was a citizen of Idaho. The plaintiff’s proof of D. O. Bybee’s citizenship was produced through the introduction of the latter’s deposition which supplied the only evidence upon this subject. On this deposition it appeared that prior to By-bee’s acquisition of the lease and option referred to, in April, 1950, Bybee resided with his family at his ranch at Nyssa, Oregon, but after he acquired the lease and option of April, 1950, by which he acquired a ranch near Riddle, Idaho, he spent approximately thirty-five percent of his time at this Idaho ranch and the remainder of his time m Oregon. The Idaho ranch was in an area remote from schools and shopping facilities and Bybee’s family, consisting of…