Winstead

Phœnix-Buttes Gold Mining Co. v. Winstead

Good Law
226 F. 855·1914 U.S. Dist. LEXIS 1250
United States District Court, Northern District of CaliforniaApril 9, 1914California3,186 words

Opinion

lead Opinion

Feeet, J.

This is a bill filed here by the plaim tiff, a corporation organized under the laws of the state of Nevada, to quiet its alleged title as against the defendants, residents and citizens of the state of California, to certain mining property situated in the county of Sierra in this state, and to enjoin the defendants and each of them from further asserting an interest in or title thereto. Coupled with matter responsive to the merits, the answer, of defendant Winstead sets up a plea or challenge to the jurisdiction of this court and the right of the plaintiff to maintain the actioir therein upon the ground that the action is collusive, it being alleged, in substance, that plaintiff was organized under the laws of the state of Nevada by its present stockholders, all residents and citizens of this state," and was given a conveyance of the property described in the bill, solely for the purpose of conferring jurisdiction of the action upon this court; that the conveyance of the property was fictitious and had for the purpose of giving color to such jurisdiction as of a case of diverse citizenship, whereas such steps were taken as the result of a conspiracy between said parties for the…

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