George Sutherland

“ It is brought, not to recover property or to redress an injury to property which appellant had acquired through an assignment of a lease, but to enforce contractual obligations of the lease. No direct relief is sought in respect of appellant's lands conveyed as security, and they are affected only collaterally and incidentally. ”

“ The specific relief prayed is a decree for 'specific performance by the said defendant of her said several undertakings' and for an injunction against interferences with appellant under the lease.
The assignor, being a Michigan corporation, could not have prosecuted the suit in a federal court if no assignment had been made. The phrase 'to recover upon any * * * chose in action,' under the decisions of this court, includes a suit to compel the specific performance of a contract or otherwise to enforce its stipulations. Corbin v. County of Black Hawk, 105 U.S. 659, 665, 26 L. Ed. 1136 ”

“ Assuming that the transfer was not colorable or fraudulent, the federal statutes have always permitted the vendee or assignee to sue in the United States courts to recover property or an interest in property when the requisite value and diversity of citizenship existed.'
Crown Orchard Co. v. Dennis, 229 F. 652, 144 C. C. A. 62, was a suit by the grantee of standing timber to enjoin the cutting and conversion of the timber-in effect, a suit to prevent waste. There was no attempt to enforce any contractual obligation ”