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Sill (P) filed to procure the satisfaction of a bond, executed by Sheldon (D), and secured by a mortgage on lands in Michigan, executed by him and Eleanor his wife, the other defendant. The bond and mortgage were dated on the 1st of November, 1838, and were given by D, then, and ever since, citizens of the State of Michigan, to Eurotas P. Hastings, President of the Bank of Michigan, in trust for the President, Directors, and Company of the Bank of Michigan. Hastings was and is a citizen of the State of Michigan, and the Bank of Michigan was a body corporate in the same State. On the 3d day of January 1839, Hastings legally assigned the bond and mortgage, and the money secured thereby, and the estate thereby created,' to P who was then and still is a citizen of New York. P sued under diversity and the Circuit Court agreed with P that there was diversity. D appealed.

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