¶1The courts of the United. States have jurisdiction in ft case between citizens of the same state, if the plaintiffs áre only nominal plaintiffsfor the use of. an alien.
¶2THIS was a cáse certified from the circuit court for the district of Virginia,. the judges of that court being divided in opinion upon the question whether they had jurisdiction of the case.
¶3It was an action on a bond given by an executor for the faithful execution of his testator’s will, in conformity with the statute of Virginia. . The object of the suit was to recover a debt due from the testator in his life-fime to a British subject. The defendant was a citizen of Virginia. The persons named in the declaration as plaintiffs were the justices of the peace for the county of Stafford, and were all citizens of Virginia.
¶4The question being submitted without argument,
¶5The Court ordered it to be certified, as their opinion, that the court below has jurisdiction in the case.