Edwin K. Atwood, Alice B. Atwood, Ruth P. Fisher and Thomas H. Fisher v. Gilbert Kerlin

SWAN, Circuit Judge.

The judgment from which plaintiffs have appealed was entered, on defendant’s motion, in a suit brought by plaintiffs on January 18, 1951, to establish the existence of an express trust under a quit claim deed from plaintiffs to defendant, dated March 19, 1945, describing land on Padre Island, Texas, to require defendant to account thereunder, to terminate the trust, and for other alternative relief. Federal jurisdiction rests on diversity of citizenship. 28 U.S. C.A. §§ 1332, 1391. Four days after the present suit was commenced, defendant Kerlin in Texas brought action…