Anderson

This is a second motion to remand, made under authority of Gaugler v. Chicago, M. & P. S. Ry. Co. (D. C.) 197 F. 79 , and Harley v. Firemen’s Fund Ins. Co. (D. C.) 245 F. 475 , in three companion cases. The bills of complaint, for the purposes of this motion, are practically identical, and state a cause of action to quiet title in tho simplest form permitted in the courts of the state of California. The source of the title claimed by tho several plaintiffs is not pleaded; nor is the nature of the defendants’ claim set forth. There is no diversity of citizenship between the parties, and the existence of a federal question is relied upon to give this court jurisdiction. No such question appears upon the face of tho pleadings filed by the plaintiffs. Tho petition for removal would make it appear that the title of plaintiffs rests upon government patents, and the title of der fendant upon a patent said by defendant to have been properly issued after a resurvey, the validity of which plaintiff contests.

It appears that plaintiffs might have so pleaded their case as to set up a federal question. They have not done so, nor are they required to do so. To warrant tho removal of a ease…