Eura Mae Higginbotham Green v. The Texas Gulf Sulphur Company

THORNBERRY, Circuit Judge:

This diversity suit is the third in a trilogy concerning the ownership of the Humphries survey. See Humphries v. Texas Gulf Sulphur Company, 5 Cir., 1968, 393 F.2d 69; Beasley v. McFaddin, 5 Cir. 1968, 393 F.2d 68. The heirs in this ease claim only a mineral interest. They urge first that a tax deed in 1850 vested title in the State of Texas and second that if they could have the tax deed set aside, they would be entitled to the minerals rather than appellees. Appellants- joined the Commissioner of the General Land Office and sought a declaratory judgment that the…