This is an appeal under section 5 of the act of March 3, 1875, (18 St. 470, c. 137,) from an order of the circuit court remanding a suit which had been removed from a state court. The suit was brought in the superior court of Cook county on the fourth of April, 1881, by Martha A. Walker, widow of Martin O. Walker, deceased, a citizen of Illinois, against, George C. Rand, Jr., Charles E. Brown, Thomas Brown, and Henry G. Tucker, citizens of New York, and John W. Doane, Samuel Otis Walker, Edward Stone Walker, Augustus L. Chetlain, and Charles Fargo, citizens of Illinois, for an assignment of dower in certain lots in Chicago. The bill charges that Martin O. Walker died on the twenty-eighth of May, 1874, seized of the lots described, and leaving Martha A. Walker, his widow, and the defendants Walker, his sole heirs at law; that on the first of August, 1874, Mrs. Walker, the widow, demanded of the heirs an assignment of her dower, which was refused; that in the beginning of the year 1875 the heirs conveyed the property to the defendant Fargo, who went into possession, and also refused to assign dower, although requested; that the defendant Chetlain was administrator of the estate of the decedent; and that he, in 1878, as such administrator, sold and conveyed the property to the defendant Rand. The bill then proceeds as follows:
'And your oratrix charges, on information and belief, and avers the fact to be, that said Rand, in making said purchase, acted in part as the agent and trustee of one John W. Doane, and took and held the title to said premises to and for the joint use and benefit of himself and of the said Doane; and your oratrix shows that ever since said last-mentioned conveyance said Rand and Doane have entered into and enjoyed the possession of said premises, but that said Doane and Rand, though often requested, have ever since taking possession of said premises wholly neglected and refused to set off and apportion to your oratrix her dower therein, by reason whereof the said Doane and Rand became and still are liable to your oratrix for damages for the detention of her dower in said premises since said second day of November, A. D. 1878. And your oratrix further shows that on or about the said second day of November, A. D. 1878, said Fargo conveyed said premises to Carrie Walker, wife of said Samuel O. Walker, and on said last-mentioned day, and as part of the same transaction, said Carrie Walker and Samuel O. Walker conveyed said premises to said Rand, as your oratrix charges in part, in trust for said Doane, and that said Doane and Rand now hold said premises free from all incumbrance, except the estate of dower of your oratrix therein. And your oratrix insists that the said Samuel O. Walker and Edward S. Walker are liable unto your oratrix in damages for the detention of her dower in said premises from the time she demanded of them that her dower be set off in said premises until they conveyed said premises to said Fargo, to-wit, the first day of January, A. D. 1876; and that said Fargo is liable to your oratrix in damages for the detention of her said dower from said last-mentioned day till the second day of November, A. D. 1878, and that said Doane and Rand are liable to your oratrix for damages for the like detention of her said dower rights in said premises from said second day of November, A. D. 1878.'
It is then stated that the premises were subject to the lien of a deed of trust made to Charles E. Brown, in favor of Chauncey Tucker, now deceased, Henry G. Tucker, and Thomas Brown; but it is alleged that, for reasons set forth, this lien is no longer a charge on the property as against the dower which is claimed.