Fouke v. Schenewerk

HOLMES, Circuit Judge.

This suit was filed by the appellees against appellants “as an action in trespass to try title -and as an action for declaratory judgment,” as stated in the complaint of the plaintiffs below, appellees here. They prayed for the recovery of all the surface and one-half the mineral rights to a tract of land in Texas, and for such other and further relief as they were entitled to in the premises. Federal jurisdiction of the controversy depended solely upon diversity of citizenship between the parties; the amount involved was alleged to be over three thousand dollars,…