Barnette v. Wells Fargo Nevada Nat’l Bank, 270 U.S. 438 (1926)
Barnette v. Wells Fargo Nevada National Bank
No. 149
Submitted January 15, 1926
Decided March 15, 1926
270 U.S. 438
APPEAL FOR THE CIRCUIT COURT OF APPEALS
FOR THE NINTH CIRCUIT
Syllabus
1. A suit to recover land and funds in charge of a receiver of a court of Alaska created by laws of Congress is removable from a state to a federal court under Judicial Code § 28 and § 33, as amended August 23, 1916. P. 441.
2. Where a suit was removable on the face of the bill, and the removal is not challenged, removal may be presumed to have been rightly taken although, due to omission by stipulation of the removal papers from the transcript, the ground on which removal was actually sought and allowed does not affirmatively appear. P. 440.
3. Authority from a court to its receiver to appear, defend, and make counterclaim in a suit against him in another court is equivalent to leave to the plaintiff to bring the suit. P. 441.
4. Acts induced by duress which operate only on the mind and fall short of physical compulsion are not void, but voidable only. P. 444.
5. It is prerequisite to equitable relief cancelling a contract that the election to disaffirm be exercised promptly after cessation of the duress, the degree of promptness depending largely upon the effect of delay upon those whose rights are sought to be divested. P. 444.
6. Unexplained delay of more than three years held fatal to suit to set aside a deed for duress where the defendants were left in ignorance of plaintiff’s intention, and were necessarily prejudiced. P. 445.
298 F.. 689 affirmed.
Appeal from a decree of the circuit court of appeals which reversed a decree of the district court favorable to the appellant in her suit to set aside a deed upon the ground of duress, and for recovery of rents, etc.