Mrs. Lillian C. Stevens, Testamentary of the Succession of Dr. Noah S. Cutrer and Nicholas D. Olivier v. Humble Oil & Refining Company

WISDOM, Circuit Judge.

For a long time this case, like other creatures spawned by Louisiana’s water bottoms, has crawled sideways and backwards. Seven years ago Dr. Noah S. Cutrer, testator of Mrs. Lillian C. Stevens, and Nicholas D. Olivier began this action for cancellation of a mineral lease for nonpayment of royalties allegedly due. More than three years ago the court below ordered the defendant lessee, Humble Oil & Refining Company, to pay the disputed royalties into an escrow fund, pending the outcome of a suit brought by the plaintiffs in a Louisiana state court, in 1958, over the same…