Melville Fuller,
Stevenson v. Fain — Opinion of the Court
“ The judiciary act of 1789 vested the circuit courts with original jurisdiction on the ground of diversity of citizenship, but not where title was claimed under grants of different states. Congress manifestly accepted the letter of the Constitution, and, as the judicial power extended to controversies where citizens of the same state claimed title under grants of different states, assumed that cases presenting such controversies would be commenced in the state courts, and provided that those cases might be removed when that fact was made to appear. ”
