Humphrey v. C.G. Jung Educational Center

JOHN R. BROWN, Circuit Judge:

Very rarely does a Texas trespass to try a title suit disturb the collective consciousness of this court. As diversity jurisdiction sometimes manifests itself in unusual ways, however, we consider such a suit today. By interpreting past decisions, we must probe the psyche of the Texas courts to determine whether those courts would enforce the deed clause in question as a condition subsequent with right of re-entry, and so allow the plaintiffs to claim an undivided one-half interest in an improved lot in the museum district of Houston.1 Finding the clause to be…