Shelby Franklin and Dorothy Franklin v. Marlin K. McDaniel

Seventh Circuit

Shelby Franklin and Dorothy Franklin v. Marlin K. McDaniel

371 F.2d 544

CourtCourt of Appeals for the Seventh Circuit

DecidedApril 10, 1967

Docket15763

StatusPublished

This text of 371 F.2d 544 (Shelby Franklin and Dorothy Franklin v. Marlin K. McDaniel) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Shelby Franklin and Dorothy Franklin v. Marlin K. McDaniel, 371 F.2d 544 (7th Cir. 1967).

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Opinion

PER CURIAM.

Plaintiffs filed a complaint “to set aside a fraudulent conveyance under Rule 18(b).” Jurisdiction was claimed under the Fourteenth Amendment to the Constitution of the United States. The complaint prayed that a conveyance of real estate from defendant McDaniel to Gerald L. Hunt and Marilyn A. Hunt be declared void.

Personal service was had on defendant on April 1, 1966. Defendant did not appear or answer and is in default. The District Court held it had no jurisdiction of the alleged claim pointing out that the Fourteenth Amendment to the federal Constitution does not confer jurisdiction on the United States District Courts to try and determine ordinary civil actions. Ream v. Handley, 7 Cir., 359 F.2d 728, 730 (1966). The Court noted that diversity of citizenship was lacking.

The District Court was correct in ordering a dismissal of this suit. The order of dismissal is

Affirmed.

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